Montana Title 40. Family Law § 40-6-707. Construction

(1) Unless a right has been legally waived or legally terminated, a parent has inalienable rights that are more comprehensive than those listed in 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section. The protections afforded by 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section are in addition to the protections provided by the constitutions of the United States and the state of Montana and by federal and state law.

(2) Sections 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section must be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.

(3) Sections 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section may not be construed to authorize any government entity to burden the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.

(4) If a child has no affirmative right of access to a particular medical or mental health procedure or service, then nothing in 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section may be construed to grant the child's parent an affirmative right of access to the procedure or service on the child's behalf.