In Re the Adoption of S.L.R.

I dissent.

Regardless of what name is given to the statute involved (section 40-8-111(1), MCA), the undeniable fact is that we are interpreting a statute which has a irrevocable sanction: a natural parent can forever lose his parental rights. Because, however, the statute is, in essence, a penal statute, it mmt Ke strictly construed against the petitioner and in favor ^ one natural father. That is true of all civil statutes penal in nature. Missoula High School Legal Defense Assoc., v. Supt. of Public Instruction (December 22, 1981), Mont., 637 P.2d 1188, 38 St. Rep. 2164; and State v. State…