Montana Code Annotated · § 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.