Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 6. PARENT AND CHILD · Part 1. Uniform Parentage Act
Montana Code Annotated

Mont. Code Ann. § 40-6-107 (2026)

Determination Of Father And Child Relationship -- Who May Bring Action

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 1
  5. 40-6-107 Determination of father and child relationship -- who may bring action

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 1. Uniform Parentage Act

Determination Of Father And Child Relationship -- Who May Bring Action

40-6-107. Determination of father and child relationship -- who may bring action. (1) Any interested party may bring an action for the purpose of determining the existence or nonexistence of the father and child relationship presumed pursuant to 40-6-105.

(2) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under 40-6-105 may be brought by the child, the mother or personal representative of the child, the department of public health and human services or its appropriate local affiliate, the personal representative or a parent of the mother if the mother has died, a person alleged or alleging to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

(3) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with 40-6-114(2), between an alleged or presumed father and the mother or child does not bar an action under this section.

(4) If an action under this section is brought before the birth of the child, all proceedings must be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

History: En. 61-307 by Sec. 7, Ch. 512, L. 1975; R.C.M. 1947, 61-307; amd. Sec. 32, Ch. 609, L. 1987; amd. Sec. 145, Ch. 546, L. 1995.

Notes of Decisions
Cited in 14 cases, 1979–2014 · leading case: Girard v. Williams, 1998 MT 231 (Mont. 1998).
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Girard v. Williams, 1998 MT 231 (Mont. 1998). · cites it 12× “Section 40-6-107(1), MCA. If a child has no presumed father under § 40-6-105, MCA, however, there are limitations on who may bring a paternity action.”
In Re the Marriage of K.E.V., 883 P.2d 1246 (Mont. 1994). · cites it 6× “Section 40-6-107(1), MCA. The invidious discrimination discussed in Mills and Pickett is not present here.”
Matter of Paternity of Vainio, 943 P.2d 1282 (Mont. 1997). · cites it 4× “The siblings argue that the District Court erred as a matter of law because their interest in establishing a full-blood relationship with Kathryn satisfies the requirement that they have a personal stake in the outcome of the paternity action and because § 40-6-107(1), MCA,…”
Schuman v. Bestrom, 693 P.2d 536 (Mont. 1985). · cites it 3× “Under section 40-6-107, MCA, any interested party may bring an action for the purpose of determining the existence or nonexistence of the father and child relationship.”
In Re the Paternity of \Adam\"", 903 P.2d 207 (Mont. 1995). · cites it 2× “The court ruled that Bob did have standing to challenge the presumption that John was the father pursuant to § 40-6-107(1), MCA. The District Court ordered blood drawn from Bob, John and Adam to determine paternity.”
Borchers v. McCarter, 592 P.2d 941 (Mont. 1979). · cites it 3× “1947, now section 40-6-107 MCA, addresses who may bring an action to determine a father and child relationship.”
State, Dep't of Revenue v. Wilson, 634 P.2d 172 (Mont. 1981). · cites it 2× “We also must consider the power of the State through its agencies to bring actions of paternity under § 40-6-107, MCA. State agencies derive their power to bring paternity actions by way of this statute.”
In re W.C., 671 P.2d 621 (Mont. 1983). · cites it 3× “Section 40-6-107(1), MCA. The invidious discrimination discussed in Mills and Pickett is not present here.”
Weidenbacher v. Duclos, 661 A.2d 988 (Conn. 1995). “Approximately two-thirds of the states, either by statute or by judicial interpretation, now give putative fathers a right to rebut the presumption that a child born in wedlock is the issue of the marriage.”
Custody & Parenting of B.C.B.W., 2008 MT 147 (Mont. 2008). · cites it 2× “See § 40-6-107, MCA. ¶13 Section 40-6-109(3), MCA, provides that an action brought under the Act may be brought in the county in which the child or the alleged father resides.”
J. L. G. v. M. F. D., 2014 MT 114 (Mont. 2014). · cites it 4× “” He claimed that the undisputed determination that Young was BNY’s father made a § 40-6-107, MCA, action against *19 him inappropriate.”
DeGrande v. Demby, 529 N.W.2d 340 (Minn. Ct. App. 1995). “1994); Mont. Code Ann. § 40-6-107 (1) (1993); Nev.”
Show all 14 citing cases →
Mont. Code Ann. § 40-6-107(1): 6 cases
In Re the Marriage of K.E.V., 883 P.2d 1246 (Mont. 1994). “Section 40-6-107(1), MCA. The invidious discrimination discussed in Mills and Pickett is not present here.”
Girard v. Williams, 1998 MT 231 (Mont. 1998). “Section 40-6-107(1), MCA. If a child has no presumed father under § 40-6-105, MCA, however, there are limitations on who may bring a paternity action.”
Matter of Paternity of Vainio, 943 P.2d 1282 (Mont. 1997). “The siblings argue that the District Court erred as a matter of law because their interest in establishing a full-blood relationship with Kathryn satisfies the requirement that they have a personal stake in the outcome of the paternity action and because § 40-6-107(1), MCA,…”
In Re the Paternity of \Adam\"", 903 P.2d 207 (Mont. 1995). “The court ruled that Bob did have standing to challenge the presumption that John was the father pursuant to § 40-6-107(1), MCA. The District Court ordered blood drawn from Bob, John and Adam to determine paternity.”
In re W.C., 671 P.2d 621 (Mont. 1983). “Section 40-6-107(1), MCA. The invidious discrimination discussed in Mills and Pickett is not present here.”
Mont. Code Ann. § 40-6-107(2): 3 cases
Girard v. Williams, 1998 MT 231 (Mont. 1998). “Section 40-6-107(1), MCA. If a child has no presumed father under § 40-6-105, MCA, however, there are limitations on who may bring a paternity action.”
J. L. G. v. M. F. D., 2014 MT 114 (Mont. 2014). “” He claimed that the undisputed determination that Young was BNY’s father made a § 40-6-107, MCA, action against *19 him inappropriate.”
J. L. G. v. M. F. D., 2014 MT 114 (Mont. 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.