Saturday, January 1, 2000

Montana OBCs


Needs complete rewrite

Montana Birth Certificates

How to Get Birth Certificate in Montana if You Were AdoptedHow to Get Birth Certificate in Montana if You Were Adopted

Montana OBC Access Status:  Sealed; some adoptees can access the OBC, some need a court order and some have disclosure vetos

Access to Original Birth Certificate in Montana

Per Montana Citation: Ann. Code § 42-6-109- Insainity!!
For a person adopted on or before July 1, 1967, the department shall furnish a copy of the original birth certificate upon the written request of an adopted person.
For a person adopted between July 1, 1967 and September 30, 1997, the department shall furnish a copy of the original birth certificate upon a court order.
For a person adopted on or after October 1, 1997, the department shall furnish a copy of the original birth certificate upon the written request of an adopted person who is age 18 or olderunless the birth parent has requested in writing that the original birth certificate not be automatically released, or by a court order.
For a person adopted on or after October 1, 1997, upon the request of an adoptive parent or an adopted person who is age 18 or older, the department shall issue a certificate of adoption that states the date and place of adoption, the date of birth of the adopted person, the name of each adoptive parent, and the name of the adopted person as provided in the decree.
A birth parent may request in writing to the Vital Statistics Bureau that the birth certificate for an adopted person not be released without a court order.
The department may release a copy of the adopted person’s original birth certificate if release of this document is required to assist an adopted person to become enrolled in or a member of an Indian Tribe.
Who May Access Information Per Montana Citation: Ann. Code § 42-6-102 – Information may be provided to:
  • The adult adopted person
  • The adoptive or birth parent
  • An extended family member of an adopted person or birth parent
  • A court-appointed confidential intermediary
Access to Nonidentifying Information per Montana Citation: Ann. Code § 42-6-102 – Upon request, all nonidentifying information will be provided to a person listed above.

Mutual Access to Identifying Adoption Information in Montana

Per Montana Citation: Ann. Code §§ 42-6-102; 42-6-103; 42-6-104 – The department may disclose identifying information:
  • To a court-appointed confidential intermediary
  • As needed to assist an adopted person to become enrolled in an Indian Tribe
  • To authorized personnel during a Federal Child and Family Services Review
Information may be disclosed to any person who consents in writing to the release of confidential information to other interested persons who have also consented. Identifying information pertaining to an adoption involving an adopted person who is still a child may not be disclosed based upon a consensual exchange of information unless the adopted person’s adoptive parent consents in writing.
An adult adopted person, an adoptive or birth parent, or an adult extended family member may petition the court for disclosure of id After a petition has been filed, the court shall appoint a confidential intermediary who shall conduct a confidential search for the person being sought. If the intermediary locates the person being sought, a confidential inquiry must be made as to whether the located person consents to having his or her present identity disclosed to the petitioner. If the person being sought does not consent, identifying information regarding that person may be disclosed only upon order of the court for good cause shown. If the person being sought is found to be deceased, the court may order disclosure of identifying information to the petitioner.

Petition for Appointment of Confidential Intermediary for Montana Adoptions

(1) An adult adoptee, an adoptive or birth parent, or an adult extended family member of the adoptee or birth parent may petition the court for disclosure of identifying information regarding the adoptee, a birth child, a birth parent, or an extended family member.
(2) A petition for disclosure must contain:
(a) as much of the following information as is known by the petitioner:
(i) the name, address, and identification of the petitioner;
(ii) the date of the adoptee’s birth;
(iii) the county and state where the adoption occurred;
(iv) the date of the adoption; and
(v) any other information known to the petitioner concerning the birth parents, the adoptive parent, and the adoptee that could assist in locating the person being sought;
(b) written documentation from a certified confidential intermediary agreeing to conduct the search; and
(c) if the petitioner is not the adoptee or birth parent, the reason the petitioner is requesting the appointment of a confidential intermediary.

Where the Adoption Information Can Be Located in Montana


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