Mont. Code Ann. » TITLE 42. ADOPTION · CHAPTER 2. ADOPTION OF CHILD · Part 4. Voluntary Relinquishment and Consent to Adopt
Montana Code Annotated

Mont. Code Ann. § 42-2-417 (2026)

Grounds For Court To Set Aside Relinquishment And Consent

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 42
  3. CHAPTER 2
  4. Part 4
  5. 42-2-417 Grounds for court to set aside relinquishment and consent

TITLE 42. ADOPTION

CHAPTER 2. ADOPTION OF CHILD

Part 4. Voluntary Relinquishment and Consent to Adopt

Grounds For Court To Set Aside Relinquishment And Consent

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.

Notes of Decisions
Cited in 10 cases, 2009–2019 · leading case: In Re the Adoption of S.R.T., 2011 MT 219, 260 P.3d 177.
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In Re the Adoption of S.R.T., 2011 MT 219, 260 P.3d 177. · cites it 5× “As a result, Guardians rely on §42-2-417, MCA, and claim their consent was fraudulently obtained by their reliance on a pre-placement evaluation that omitted statutorily-mandated information.”
In re N.R.A., 2017 MT 253, 403 P.3d 1256. · cites it 9× “Mother appeals, arguing that her due process right to an adjudicatory hearing was violated, that DPHHS violated Montana law by not making reasonable efforts to reunify the children with their Mother, and that the District Court erred by accepting Mother’s relinquishment of…”
In re G.M., 2009 MT 59, 349 Mont. 320. · cites it 2× “See § 40-9-102, MCA (determination of rights of grandparent-child contact); § 41-3-609(1), MCA (termination of parent-child relationship); § 42-2-417(1), MCA (proof that consent to adoption was obtained by fraud or duress); § 42-2-608(l)(h)(ii), MCA (grounds for termination of…”
In Re Gm, 2009 MT 59, 203 P.3d 818. · cites it 2× “See § 40-9-102, MCA (determination of rights of grandparent-child contact); § 41-3-609(1), MCA (termination of parent-child relationship); § 42-2-417(1), MCA (proof that consent to adoption was obtained by fraud or duress); § 42-2-608(1)(h)(ii), MCA (grounds for termination of…”
In re K.B., 2019 MT 73, 437 P.3d 1042. · cites it 3× “Section 42-2-417, MCA. Section 42-2-411, MCA, by allowing for time-sensitive events-either through a specific date as provided in § 42-2-411(1)(a), MCA, or by the timeframes implicit in a termination proceeding § 42-2-411(1)(b), MCA -protects a parent against an indefinite…”
Matter of D.S., 2015 MT 23N. · cites it 14× “¶7 A parent may surrender their parental rights by “executing a voluntary relinquishment and consent to adoption.” Section 42-2-401(1), MCA.”
Matter of N.R.A. & V.A.A. YINC, 2017 MT 253. · cites it 9× “Mother appeals, arguing that her due process right to an adjudicatory hearing was violated, that DPHHS violated Montana law by not making reasonable efforts to reunify the children 4 with their Mother, and that the District Court erred by accepting Mother’s relinquishment of…”
Matter of A.J., 2015 MT 17N. · cites it 5× “” ¶12 Father argues that his relinquishment of parental rights was not voluntary under § 42-2-417, MCA, though the record does not indicate Father petitioned the District Court for relief under that provision.”
Matter of B.J.T.H. & B.H.T. H., 2016 MT 198N. · cites it 2× “¶8 We are indeed cognizant that § 42-2-417(1)(a), MCA, allows a court to set aside a relinquishment based upon “clear and convincing evidence, before a decree of adoption is issued, [on the basis that] the consent was obtained by fraud or duress .”
Matter of B.M. S.J. B.J. Yinc, 2018 MT 89N. · cites it 2× “3d 1256 (citing § 42-2-417, MCA; In re S.R.T., 2011 MT 219, ¶ 11 , 362 Mont.”
Mont. Code Ann. § 42-2-417(1): 5 cases
In Re the Adoption of S.R.T., 2011 MT 219, 260 P.3d 177. “As a result, Guardians rely on §42-2-417, MCA, and claim their consent was fraudulently obtained by their reliance on a pre-placement evaluation that omitted statutorily-mandated information.”
In re N.R.A., 2017 MT 253, 403 P.3d 1256. “Mother appeals, arguing that her due process right to an adjudicatory hearing was violated, that DPHHS violated Montana law by not making reasonable efforts to reunify the children with their Mother, and that the District Court erred by accepting Mother’s relinquishment of…”
In re G.M., 2009 MT 59, 349 Mont. 320. “See § 40-9-102, MCA (determination of rights of grandparent-child contact); § 41-3-609(1), MCA (termination of parent-child relationship); § 42-2-417(1), MCA (proof that consent to adoption was obtained by fraud or duress); § 42-2-608(l)(h)(ii), MCA (grounds for termination of…”
In Re Gm, 2009 MT 59, 203 P.3d 818. “See § 40-9-102, MCA (determination of rights of grandparent-child contact); § 41-3-609(1), MCA (termination of parent-child relationship); § 42-2-417(1), MCA (proof that consent to adoption was obtained by fraud or duress); § 42-2-608(1)(h)(ii), MCA (grounds for termination of…”
Matter of N.R.A. & V.A.A. YINC, 2017 MT 253. “Mother appeals, arguing that her due process right to an adjudicatory hearing was violated, that DPHHS violated Montana law by not making reasonable efforts to reunify the children 4 with their Mother, and that the District Court erred by accepting Mother’s relinquishment of…”
Mont. Code Ann. § 42-2-417(1)(a): 4 cases
In re N.R.A., 2017 MT 253, 403 P.3d 1256. “Mother appeals, arguing that her due process right to an adjudicatory hearing was violated, that DPHHS violated Montana law by not making reasonable efforts to reunify the children with their Mother, and that the District Court erred by accepting Mother’s relinquishment of…”
Matter of D.S., 2015 MT 23N. “¶7 A parent may surrender their parental rights by “executing a voluntary relinquishment and consent to adoption.” Section 42-2-401(1), MCA.”
Matter of N.R.A. & V.A.A. YINC, 2017 MT 253. “Mother appeals, arguing that her due process right to an adjudicatory hearing was violated, that DPHHS violated Montana law by not making reasonable efforts to reunify the children 4 with their Mother, and that the District Court erred by accepting Mother’s relinquishment of…”
Matter of B.J.T.H. & B.H.T. H., 2016 MT 198N. “¶8 We are indeed cognizant that § 42-2-417(1)(a), MCA, allows a court to set aside a relinquishment based upon “clear and convincing evidence, before a decree of adoption is issued, [on the basis that] the consent was obtained by fraud or duress .”
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