Montana § 42-2-417 Grounds For Court To Set Aside Relinquishment And Consent

Montana Statutes

§ 42-2-417 — Grounds For Court To Set Aside Relinquishment And Consent

Montana § 42-2-417

Title 42ADOPTION

Ch. 2ADOPTION OF CHILD

Part 4Voluntary Relinquishment and Consent to Adopt

This text of Montana § 42-2-417 (Grounds For Court To Set Aside Relinquishment And Consent) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 42-2-417 (2026).

Text

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.

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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.