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·Title 42 ADOPTION·Ch. 2 ADOPTION OF CHILD·Part 4 Voluntary Relinquishment and Consent to Adopt

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.

Montana § 42-2-417 (Grounds For Court To Set Aside Relinquishment And Consent) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.