42-2-417. Grounds for court to set aside relinquishment and consent. - Montana Statutes

     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.