42-7-105. Prohibited activities -- violations -- penalties. - Montana Statutes

     42-7-105. Prohibited activities -- violations -- penalties. (1) A person, other than the department or a licensed child-placing agency, may not:
     (a) advertise in any public medium that the person:
     (i) knows of a child who is available for adoption; or
     (ii) is willing to accept a child for adoption or knows of prospective adoptive parents for a child; or
     (b) engage in placement activities as defined in 52-8-101.
     (2) An individual other than an extended family member or stepparent of a child may not obtain legal or physical custody of a child for purposes of adoption unless the individual has a favorable preplacement evaluation or a court-ordered waiver of the evaluation.
     (3) A person who, as a condition for placement, relinquishment, or consent to the adoption of a child, knowingly offers, gives, agrees to give, solicits, accepts, or agrees to accept from another person, either directly or indirectly, anything other than the fees allowed under 42-7-101 commits the offense of paying or charging excessive adoption process fees.
     (4) It is illegal to require repayment or reimbursement of anything provided to a birth parent under 42-7-101. All payments by the adoptive parent made on behalf of a birth parent pursuant to this section are considered a gift to the birth parent.
     (5) Nothing in this section prohibits a licensed child-placing agency from maintaining a separate program for the assistance of a biological parent who is in need of postadoptive counseling and support as provided in 42-4-211. Services must be provided based on need and may not be contingent on a placement being made privately, by the department, or by a licensed child-placing agency. A postadoptive counseling and support program may not be used to induce a biological parent to place a child for adoption.
     (6) A person convicted of the offense of paying or charging excessive adoption process fees, attempting to recover expenses incurred from an adoption process, or otherwise violating this title may be fined an amount not to exceed $10,000 in an action brought by the appropriate city or county attorney. The court may also enjoin from further violations any person who violates this title.

     History: En. Sec. 149, Ch. 480, L. 1997; amd. Sec. 3, Ch. 151, L. 2009.