State Recognition of Intercountry Adoptions Finalized Abroad - Montana

Date: April 2018

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Code § 42-2-101

If a decree or order of adoption is entered by a court or administrative entity in another country acting pursuant to that country's laws and any convention or treaty on intercountry adoption that the United States has ratified, then it shall have the same effect as a decree or order of adoption issued by a court of this State. The rights and obligations of the parties must be determined as though the decree or order were issued by a court of this State.

Readoption After an Intercountry Adoption

Citation: Ann. Code § 42-5-205

When the relationship of parent and child has been created by a decree of adoption from a court of any other State or country, the rights and obligations of the parties as to matters within the jurisdiction of this State must be determined pursuant to this title.

Application for a U.S. Birth Certificate

Citation: Ann. Code §§ 50-15-311(6); 50-15-223(8)

If the birth of an adopted child occurred in a foreign country and the adopted child was not a citizen of the United States at the time of birth, the Department of Public Health and Human Services shall prepare a 'Certificate of Foreign Birth,' as required by § 50-15-223. If the adopted child was born in Canada, the department shall send a copy of the certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption to the appropriate registration authority in Canada.

The department shall, upon request of the adopting parents, prepare and register a certificate of birth in this State for a person who was born in a foreign country and adopted through a district court in this State.

The certificate of birth must be established by the department upon receipt of a certificate of adoption, conforming to the requirements of § 50-15-311, from the court that reflects entry of an order of adoption; proof of the date and place of the child's birth; and a request for the establishment of a certificate of birth from the court, the adopting parents, or the adopted person, if he or she is age 18 or older.

The certificate of birth must be labeled 'Certificate of Foreign Birth' and must contain the actual country of birth. A statement must be included on the certificate indicating that it is not evidence of U.S. citizenship for the child for whom it is issued.

After registration of the certificate of birth in the new name of the adopted child, the department shall seal and file the certificate of adoption. The certificate is not subject to inspection, except upon order of the district court, as provided by rule, or as otherwise provided by State law.