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Montana Title 42. Adoption § 42-2-417. Grounds for court to set aside relinquishment and consent

Current as of January 01, 2024 | Updated by Findlaw Staff

(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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Cite this article: FindLaw.com - Montana Title 42. Adoption § 42-2-417. Grounds for court to set aside relinquishment and consent - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-42-adoption/mt-st-42-2-417/

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