Montana Code Annotated 2021

TITLE 42. ADOPTION

CHAPTER 2. ADOPTION OF CHILD

Part 4. Voluntary Relinquishment and Consent to Adopt

Grounds For Court To Set Aside Relinquishment And Consent

42-2-417. Grounds for court to set aside relinquishment and consent. (1) The court shall set aside a relinquishment and consent to adopt if the individual who executed the relinquishment and consent establishes:

(a) by clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or

(b) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in 42-2-411.

(2) A verbatim record of testimony must be made.

History: En. Sec. 53, Ch. 480, L. 1997.