Montana

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.

The Order should include:

• That the child will be born in Montana;

• Intended Parents’ full legal names (first, middle, last);

• Intended Parents’ date of birth;

• Intended Parent's’ place of birth (state or country only); and

• Intended Parents’ home address at the time of birth.

Certified copy should be presented to:

Montana Vital Records

ATTN: Dean Vig

111 N. Sanders, Room 6

Helena, MT 59601

dvig@mt.gov

Phone: 406-444-5249

Birth record information will be collected by hospital on birth worksheet and is submitted to Vital Records electronically. Birth worksheet should include Intended Parents’ information as parents; GC’s demographics are also collected but will not appear on birth certificate.

Exception - electronic records filing system is unable to accommodate same-sex parents; these records must be submitted by hospital to Vital Records by mail.

For single men and same sex couples requiring a birth certificate reflecting only one person’s name as father, the Order should include a reference to removing any information relating to the GC, leaving only the father’s name.

Once Vital Records confirms the birth is recorded, the birth certificate can be ordered at any county vital records office.

Birth Certificates

Timing - Hospital has 10 days to report the birth; varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother. Same-sex couples are listed as Parent/Parent.

GC - Unknown if the initial birth certificate can include the name of the GC with the name of an IP.

statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.
 

Venue

County of the child's birthplace, county of the Intended Parent's residence, county of the Gestational Surrogate’s residence, county where the surrogacy agreement was executed, or county where the medical procedures pursuant to the surrogacy agreement are performed.

Do results vary by venue?  No, but there are procedural variations.

Are motions to waive venue accepted?  No

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Unknown.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Unknown.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes.

Does the couple need to be married?  Unknown.