Montana Code 42-2-417. Grounds for court to set aside relinquishment and consent
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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:
Terms Used In Montana Code 42-2-417
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Relinquishment: means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual. See Montana Code 42-1-103
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.