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§ 42-2-417 — Montana Law | CourtGPT
  1. Home/
  2. Laws/
  3. Montana/
  4. Title 42 - Adoption/
  5. Chapter 2 - Adoption of Child/
  6. Part 4 - Voluntary Relinquishment and Consent to Adopt42-2-401. Child Available for Adoption -- Voluntary Acts of Parents/
  7. § 42-2-417
Montana Legal Code

§ 42-2-417

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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. History: En. Sec. 53, Ch. 480, L. 1997.

Source: https://mca.legmt.gov/bills/mca/title_0420/chapter_0020/part_0040/section_0170/0420-0020-0040-0170.html· Version 2025