40-8-124. Interlocutory and final decree. (1) Upon examination of the report described in 40-8-122, if a report has been considered necessary by the court, and after hearing, the court may issue an interlocutory decree giving the care and custody to the petitioners pending the further order of the court.
     (2) When a petition has been filed seeking the adoption of a child, the court shall cause service of process to be made on the parent or parents of the child, except in those cases provided in this section, in the following manner:
     (a) The court shall order a citation to issue to the parent or parents in the name of the state of Montana and under the seal of the court directing the parent or parents to appear in court at a time to be fixed by the court and show cause why the petition should not be granted.
     (b) The citation, together with a copy of the petition for adoption, must be personally served upon the parent or parents. If, however, a parent or parents cannot be found within this state, service may be made by publication of a copy of the citation in the manner provided for the publication of summons by Rule 4, M.R.Civ.P.
     (3) If, after completion of service, any parent served does not appear, the court may act upon the petition and the order of the court is binding upon all persons served. However, a person may appeal from the order in the manner and form provided for appeals from a judgment in civil actions.
     (4) The petitioners and the child shall appear at the hearing, unless the presence of the child is waived by the court.
     (5) Service of process need not be made on a parent who has consented in writing to an adoption or on any parent whose consent to adoption is not required under the provisions of 40-8-111, and service of process may not be made on any parent who has relinquished the child to the department of public health and human services or an adoption agency licensed by the department.
     (6) After an interlocutory decree has been issued by the court or after the date of placement for adoption, the investigator, if any, shall observe the child in the child's adoptive home and report in writing to the court within 6 months on any circumstances or conditions that may have a bearing on the adoption. After 6 months from the date of the interlocutory decree or the date of placement for adoption, the petitioners may apply to the court for a final decree of adoption. The court must set a time and place for final hearing. Notice of the time and date of the hearing must be served on the department of public health and human services or the licensed child-placing agency or any other person named by the court. The investigator, if any, shall file with the court a written report of the investigator's findings and recommendations and certify that the described investigation, if any, has been made since the granting of the interlocutory decree or the date of placement for adoption. After hearing on the application, at which the petitioners and the child shall appear, unless the presence of the child is waived by the court, the court may enter a final decree of adoption if satisfied that the adoption is for the best interests of the child. If the adoption is denied, an appropriate order must be made as to the future custody of the child.

     History: En. Sec. 11, Ch. 240, L. 1957; amd. Sec. 4, Ch. 199, L. 1961; amd. Sec. 1, Ch. 2, L. 1963; amd. Sec. 48, Ch. 121, L. 1974; amd. Sec. 19, Ch. 33, L. 1977; R.C.M. 1947, 61-211; amd. Sec. 5, Ch. 277, L. 1987; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 156, Ch. 546, L. 1995.