Montana Code Annotated 2023

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 6. Parent-Child LegalRelationship Termination -- Reinstatement

Relinquishment Of Parental Rights -- Open Adoption

41-3-613. Relinquishment of parental rights -- open adoption. (1) (a) At any time after a child has been removed from the custody of a parent, the parent may relinquish parental rights. Prior to a parent's relinquishment of parental rights, the parent may enter into an agreement with the preadoptive parent or parents to allow for an open adoption in which the parent may maintain contact with the child.

(b) Following the relinquishment of parental rights pursuant to subsection (1)(a), the parent-child legal relationship is terminated.

(2) The agreement may be suspended or terminated if:

(a) in the case of a child who has been subsequently adopted, the adoptive parent or parents determine that continued contact with the parent is no longer in the child's best interest; or

(b) the child is 12 years of age or older and the child no longer consents to have continued contact with the parent.

History: En. Sec. 1, Ch. 208, L. 2023.