Montana Code Annotated 2023



Part 2. Administrative Enforcement of Support

Effect Of Order Establishing Paternity -- Birth Records -- Relief From Order

40-5-235. Effect of order establishing paternity -- birth records -- relief from order. (1) An administrative order of the department declaring the paternity of a child establishes the legal existence of the parent and child relationship for all purposes and confers or imposes all parental rights, privileges, duties, and obligations.

(2) Upon the request of the mother or father of a child born in this state, the department shall prepare a substitute certificate of birth, if necessary, consistent with the administrative order. The substitute certificate of birth is subject to the provisions of 40-6-123, with references to "court" taken to mean "department".

(3) Except for an order based on a consent to entry of an order declaring paternity, the department may set aside an administrative order establishing the paternity of a child upon the application of any affected party and upon a showing of any of the grounds and within the timeframes provided in Rule 60(c) and (d) of the Montana Rules of Civil Procedure.

(4) An order of the department under 40-5-232 through 40-5-235 may be reviewed under the provisions of Title 2, chapter 4, part 7.

History: En. Sec. 6, Ch. 119, L. 1989; amd. Sec. 78, Ch. 418, L. 1995; amd. Sec. 136, Ch. 546, L. 1995; amd. Sec. 49, Ch. 552, L. 1997.