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.
Structure Montana Code Annotated
Part 4. Voluntary Relinquishment and Consent to Adopt
42-2-401. Child available for adoption -- voluntary acts of parents
42-2-402. Voluntary relinquishment -- validity
42-2-403. Arrearages of child support -- responsibility to child
42-2-404. Who may relinquish -- to whom
42-2-406. and 42-2-407 reserved
42-2-409. Adoptive decision support services
42-2-410. Revocation of relinquishment and consent
42-2-411. Conditional relinquishment and consent
42-2-412. Content of relinquishment and consent to adopt
42-2-413. Consequences of relinquishment and consent to adopt
42-2-414. Notification of availability of mental health services
42-2-415. and 42-2-416 reserved
42-2-417. Grounds for court to set aside relinquishment and consent
42-2-418. Remedy when relinquishment and consent to adopt revoked or set aside -- expediency
42-2-419. and 42-2-420 reserved
42-2-421. Notarized denial of paternity -- no entitlement to notice