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CERTIFICATE

Montana:  Access to OBCs and Non-ID

MONTANA
DENIES UNRESTRICTED ACCESS TO OBC (Tiered access.  See below.)

Who May Access Information
Citation: Ann. Code § 42-6-102

The Department of Public Health and Human Services or an authorized person or agency may disclose:
• Non-identifying information to an adopted person, an adoptive or birth parent, or an extended family member
of an adopted
or birth parent
• Identifying information to a court-appointed confidential intermediary upon order of the court or as provided in
§§ 50-15-121
and 50-15-122
• Identifying information limited to the specific information required to assist an adopted person to become enrolled in or a
member of an Indian Tribe
• Identifying information to authorized personnel during a Federal Child and Family Services Review
• An original birth certificate as provided for in § 42-6-109

 

Access to Original Birth Certificate
Citation: Ann. Code § 42-6-109

In addition to any copy of an adopted person’s original birth certificate authorized for release by a court order issued pursuant to §
50-15-121 or 50-15-122, the department shall furnish a copy of the original birth certificate of an adopted person:
• Upon the written request of a person who was adopted before October 1, 1985, or 30 years or more ago, whichever date is
later
• Upon a court order for a person adopted on or after October 1, 1985, and before October 1, 1997
• For a person adopted on or after October 1, 1997, upon:
    » The written request of an adopted person who has reached age 18 unless the birth parent has requested in writing that the
original birth certificate not be automatically released
    » A court order

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 birth parent may change the request at any time by notifying the Vital Statistics Bureau in writing of the
change.
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.

 

Access to Non-identifying Information
Citation: Ann. Code § 42-6-102

Upon request, all non-identifying information will be provided to a person listed above.

Mutual Access to Identifying Information
Citation: Ann. Code §§ 42-6-102; 42-6-103; 42-6-104

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
identifying information regarding the adopted person, a birth child, a birth parent, or an extended family member.
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.


Where the Information Can Be Located
Office of Vital Statistics, Montana Department of Public Health and Human Services

FIND YOUR BIRTH PARENTS