The Montana Supreme Court continues to apply Baby Girl to absent fathers involved in state initiated proceedings, and not apply ICWA when terminating their rights.
Since the 1970s, 33 states have created Putative Father Registries, designed as a way to link unmarried men to the mother of their child. States expect men to report—voluntarily and honestly—information about all their sexual partners; otherwise, they forfeit their right to be contacted if a partner pursues adoption. The registry is not a petition for custody or a determination of paternity—only a right to notification. Without registry, the wishes of the biological father are irrelevant.