Montana § 40-5-235 Effect Of Order Establishing Paternity -- Birth Records -- Relief From Order

Montana Statutes

§ 40-5-235 — Effect Of Order Establishing Paternity -- Birth Records -- Relief From Order

Montana § 40-5-235

Title 40FAMILY LAW

Ch. 5ENFORCEMENT OF SUPPORT

Part 2Administrative Enforcement of Support

This text of Montana § 40-5-235 (Effect Of Order Establishing Paternity -- Birth Records -- Relief From Order) 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. § 40-5-235 (2026).

Text

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 o

Free access — add to your briefcase to read the full text and ask questions with AI

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.