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

Mont. Code Ann. § 40-6-113 (2026)

Evidence Relating To Paternity

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 1
  5. 40-6-113 Evidence relating to paternity

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 1. Uniform Parentage Act

Evidence Relating To Paternity

40-6-113. Evidence relating to paternity. Evidence relating to paternity may include:

(1) evidence of sexual intercourse between the mother and alleged father at any possible time of conception;

(2) an expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;

(3) paternity test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;

(4) medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests; and

(5) all other evidence relevant to the issue of paternity of the child.

History: En. 61-313 by Sec. 13, Ch. 512, L. 1975; R.C.M. 1947, 61-313; amd. Sec. 15, Ch. 364, L. 2019.

Notes of Decisions
Cited in 3 cases, 1981–2007 · leading case: State v. Young, 2007 MT 323 (Mont. 2007).
Sort: Relevance Newest Treatment
State v. Young, 2007 MT 323 (Mont. 2007). · cites it 16× “¶ 33 Section 40-6-113, MCA, governs the evidence admissible for establishing paternity under the UPA.”
State of Arizona v. Sasse, 801 P.2d 598 (Mont. 1990). · cites it 4× “Such tests can refute false or fraudulent claims of paternity, or provide evidence that might otherwise be unavailable through the passage of time.”
Rose v. Dist. Court of the Eighth Jud. Dist., 628 P.2d 662 (Mont. 1981). · cites it 3× “Section 40-6-113(3), MCA. In the present case it is apparent that the statutory procedure has not been followed.”
— Mont. Code Ann. § 40-6-113(1) — 1 case
State v. Young, 2007 MT 323 (Mont. 2007). “¶ 33 Section 40-6-113, MCA, governs the evidence admissible for establishing paternity under the UPA.”
— Mont. Code Ann. § 40-6-113(3) — 1 case
Rose v. Dist. Court of the Eighth Jud. Dist., 628 P.2d 662 (Mont. 1981). “Section 40-6-113(3), MCA. In the present case it is apparent that the statutory procedure has not been followed.”
— Mont. Code Ann. § 40-6-113(4) — 1 case
State of Arizona v. Sasse, 801 P.2d 598 (Mont. 1990). “Such tests can refute false or fraudulent claims of paternity, or provide evidence that might otherwise be unavailable through the passage of time.”
— Mont. Code Ann. § 40-6-113(5) — 1 case
State v. Young, 2007 MT 323 (Mont. 2007). “¶ 33 Section 40-6-113, MCA, governs the evidence admissible for establishing paternity under the UPA.”
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.