42-2-503. Notice to any named father of intent to release child for adoption. (1) Upon the filing of the petition under 42-2-502, the court shall issue a notice of intent to release a child for adoption.

(2) The notice must be served by the petitioner, in the manner provided by the Montana Rules of Civil Procedure, upon each putative or presumed father at least 20 days prior to the expected date of birth of the child. Proof of service must be filed with the court.

(3) A notice of intent to release directed to a putative father must indicate the approximate date and location of conception of the child and the expected date of birth and must inform the putative father:

(a) that the putative father is required to appear at the hearing at the time and date set by the court;

(b) of the rights and responsibilities to which the putative father will be entitled upon registering with the putative father registry; and

(c) that the failure to timely comply with all requirements of filing with the putative father registry:

(i) constitutes a waiver of the right to receive the notice provided for in 42-2-205; and

(ii) may result in the court's termination of the putative father's rights to the child.

(4) In addition to the information contained in subsection (3), a notice of intent to release directed to an individual presumed to be the father under 40-6-105 must also indicate the intention of the mother to ask for a declaration establishing the nonexistence of the father and child relationship and the grounds for seeking the declaration.

History: En. Secs. 59, 60, Ch. 480, L. 1997.