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.
Montana Legal Code
§ 42-2-417
Source: https://mca.legmt.gov/bills/mca/title_0420/chapter_0020/part_0040/section_0170/0420-0020-0040-0170.html· Version 2025