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42-5-301. Visitation and communication agreements

MT Code § 42-5-301 (2019) (N/A)
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42-5-301. Visitation and communication agreements. (1) Except as otherwise provided in this title, a decree of adoption terminates any existing order or written or oral agreement for contact or communication between the adoptee and the birth parents or family.

(2) Any express written agreement entered into between the placing parent and the prospective adoptive parent after the execution of a relinquishment and consent to adoption is independent of the adoption proceedings, and any relinquishment and consent to adopt remains valid whether or not the agreement for contact or communication is later performed. Failure to perform an agreement is not grounds for setting aside an adoption decree.

(3) A court may order that an agreement for contact or communication entered into under this section may not be enforced upon a finding that:

(a) enforcement is detrimental to the child;

(b) enforcement undermines the adoptive parent's parental authority; or

(c) due to a change in circumstances, compliance with the agreement would be unduly burdensome to one or more of the parties.

History: En. Sec. 140, Ch. 480, L. 1997.

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