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

Mont. Code Ann. § 40-6-108 (2026)

Statute Of Limitations

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 1
  5. 40-6-108 Statute of limitations

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 1. Uniform Parentage Act

Statute Of Limitations

40-6-108. Statute of limitations. (1) An action may be commenced at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105(1)(a), (1)(b), or (1)(c).

(2) After the presumption has been rebutted, paternity of the child by another individual may be determined in the same action if the other individual has been made a party.

(3) An action to determine the existence or nonexistence of the father and child relationship as to a child who has no presumed father under 40-6-105:

(a) may not be brought by the child later than 2 years after the child attains the age of majority;

(b) may be brought by a state agency at any time after the first application is made under Title IV-D of the Social Security Act for services to the child and before the child attains the age of majority. This subsection is intended to apply retroactively, within the meaning of 1-2-109, to any child for whom a paternity action was barred or could have been barred by a shorter limitation period. However, in previously barred actions that are revived by this subsection, the father is not liable to the state agency for support of the child.

(4) The father's liability for a statutory debt created by the payment of public assistance is limited to the amount of assistance paid during the 2-year period preceding commencement of the action. This subsection does not limit the subsequent accrual of a statutory debt.

(5) Section 40-6-107 and this section do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship or otherwise.

(6) After the conclusion of an adoption proceeding under Title 42, a further action to declare the existence or nonexistence of the father and child relationship of the adopted child may not be commenced, except as provided in 42-2-411.

History: En. 61-308 by Sec. 8, Ch. 512, L. 1975; R.C.M. 1947, 61-308; amd. Sec. 5, Ch. 33, L. 1979; amd. Sec. 1, Ch. 442, L. 1985; amd. Sec. 1, Ch. 129, L. 1987; amd. Sec. 1, Ch. 265, L. 1991; amd. Sec. 1, Ch. 373, L. 1993; amd. Sec. 165, Ch. 480, L. 1997.

Notes of Decisions
Cited in 10 cases, 1979–2002 · leading case: In Re the Marriage of K.E.V., 883 P.2d 1246 (Mont. 1994).
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In Re the Marriage of K.E.V., 883 P.2d 1246 (Mont. 1994). · cites it 68× “He contends that Sasse found the statute unconstitutional as applied to the facts of that case and that the Montana Legislature's subsequent change in § 40-6-108, MCA, to allow the commencement of a paternity proceeding any time does not affect the outcome of this case.”
State of Arizona v. Sasse, 801 P.2d 598 (Mont. 1990). · cites it 66× “The District Court, perceiving that the constitutional validity of the five-year statute of limitations contained in § 40-6-108, MCA, was involved in the action, gave notice to the Attorney General of Montana, who decided not to appear.”
In re W.C., 671 P.2d 621 (Mont. 1983). · cites it 35× “Section 40-6-108 states: “(1) An action may be commenced: .”
State, Dep't of Revenue v. Wilson, 634 P.2d 172 (Mont. 1981). · cites it 11× “Respondents had moved for judgments contending that the statute of limitations on the determination of paternity, § 40-6-108, MCA, had run at the time appellants filed the petitions.”
Sutherland v. Hurin, 605 P.2d 1133 (Mont. 1980). · cites it 12× “After briefing and argument, the District Court entered its order dismissing the claim of the mother and child on the basis that section 40-6-108, MCA, the statute of limitations in the Uniform Parentage Act, revived a previously barred claim.”
Borchers v. McCarter, 592 P.2d 941 (Mont. 1979). · cites it 3× “1947, now section 40-6-108(1) MCA, applies to the instant case and bars an action to establish the father and child relationship between respondent and the minor daughter.”
Matter of WC, 671 P.2d 621 (Mont. 1983). · cites it 38× “Section 40-6-108 states: "(1) An action may be commenced: .”
Pickens v. State Csed, 2002 MT 42N (Mont. 2002). · cites it 9× “That statute, § 40-6-108(3), MCA (1979), provided: An action to determine the existence or nonexistence of the father and child relationship as to a child who has no presumed father under 40-6-105 may not be brought later than 3 years after the birth of the child.”
State Dept. of Rev. v. Wilson (Mont. 1981). · cites it 2× “Children Born Out Of Wedlock As to children born out of wedlock, we find that section 40-6-108, MCA, does create an unfair burden and unfairly discriminates against these children.”
State Dept. of Rev. v. Fatz (Mont. 1981). · cites it 2× “Children Born Out Of Wedlock As to children born out of wedlock, we find that section 40-6-108, MCA, does create an unfair burden and unfairly discriminates against these children.”
— Mont. Code Ann. § 40-6-108(1) — 2 cases
In Re the Marriage of K.E.V., 883 P.2d 1246 (Mont. 1994). “He contends that Sasse found the statute unconstitutional as applied to the facts of that case and that the Montana Legislature's subsequent change in § 40-6-108, MCA, to allow the commencement of a paternity proceeding any time does not affect the outcome of this case.”
Borchers v. McCarter, 592 P.2d 941 (Mont. 1979). “1947, now section 40-6-108(1) MCA, applies to the instant case and bars an action to establish the father and child relationship between respondent and the minor daughter.”
— Mont. Code Ann. § 40-6-108(1)(b) — 4 cases
In Re the Marriage of K.E.V., 883 P.2d 1246 (Mont. 1994). “He contends that Sasse found the statute unconstitutional as applied to the facts of that case and that the Montana Legislature's subsequent change in § 40-6-108, MCA, to allow the commencement of a paternity proceeding any time does not affect the outcome of this case.”
State of Arizona v. Sasse, 801 P.2d 598 (Mont. 1990). “The District Court, perceiving that the constitutional validity of the five-year statute of limitations contained in § 40-6-108, MCA, was involved in the action, gave notice to the Attorney General of Montana, who decided not to appear.”
In re W.C., 671 P.2d 621 (Mont. 1983). “Section 40-6-108 states: “(1) An action may be commenced: .”
Matter of WC, 671 P.2d 621 (Mont. 1983). “Section 40-6-108 states: "(1) An action may be commenced: .”
— Mont. Code Ann. § 40-6-108(3) — 6 cases
State, Dep't of Revenue v. Wilson, 634 P.2d 172 (Mont. 1981). “Respondents had moved for judgments contending that the statute of limitations on the determination of paternity, § 40-6-108, MCA, had run at the time appellants filed the petitions.”
In re W.C., 671 P.2d 621 (Mont. 1983). “Section 40-6-108 states: “(1) An action may be commenced: .”
State of Arizona v. Sasse, 801 P.2d 598 (Mont. 1990). “The District Court, perceiving that the constitutional validity of the five-year statute of limitations contained in § 40-6-108, MCA, was involved in the action, gave notice to the Attorney General of Montana, who decided not to appear.”
Sutherland v. Hurin, 605 P.2d 1133 (Mont. 1980). “After briefing and argument, the District Court entered its order dismissing the claim of the mother and child on the basis that section 40-6-108, MCA, the statute of limitations in the Uniform Parentage Act, revived a previously barred claim.”
Matter of WC, 671 P.2d 621 (Mont. 1983). “Section 40-6-108 states: "(1) An action may be commenced: .”
— Mont. Code Ann. § 40-6-108(3)(b) — 1 case
Pickens v. State Csed, 2002 MT 42N (Mont. 2002). “That statute, § 40-6-108(3), MCA (1979), provided: An action to determine the existence or nonexistence of the father and child relationship as to a child who has no presumed father under 40-6-105 may not be brought later than 3 years after the birth of the child.”
— Mont. Code Ann. § 40-6-108(l)(b) — 3 cases
In Re the Marriage of K.E.V., 883 P.2d 1246 (Mont. 1994). “He contends that Sasse found the statute unconstitutional as applied to the facts of that case and that the Montana Legislature's subsequent change in § 40-6-108, MCA, to allow the commencement of a paternity proceeding any time does not affect the outcome of this case.”
State of Arizona v. Sasse, 801 P.2d 598 (Mont. 1990). “The District Court, perceiving that the constitutional validity of the five-year statute of limitations contained in § 40-6-108, MCA, was involved in the action, gave notice to the Attorney General of Montana, who decided not to appear.”
In re W.C., 671 P.2d 621 (Mont. 1983). “Section 40-6-108 states: “(1) An action may be commenced: .”
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.