In Re the Adoption of S.R.T.
2011 MT 219
| Mont. | 2011Background
- Mother executed waivers, relinquishments, and consent to adoption for M.F.M. and S.R.T. in Dec 2008 and placed guardians with guardians as custodians.
- Guardians later relinquished custody to Adoptive Parents, who began caring for the children on Oct 31, 2009.
- In May 2010 Guardians moved to set aside relinquishments and consent to adoption, alleging fraud in the pre-placement evaluation.
- Pre-placement evaluation was prepared by Global Adoption Services and was not child-specific; Guardians claimed it omitted required information.
- District Court denied the motion; Guardians appealed; the Supreme Court affirmed the denial, holding no clear and convincing fraud shown.
- Key disputes centered on whether the evaluation's omissions (medical conditions, religious affiliation, and other details) void the relinquishments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court err in denying the Guardians' motion to set aside relinquishment and consent? | Guardians contend fraud in pre-placement evaluation invalidates consent. | Adoptive Parents argue no fraud; relinquishments must stand absent fraud proven by clear and convincing evidence. | No reversible error; no clear and convincing fraud proven; affirm district court. |
Key Cases Cited
- Durbin v. Ross, 916 P.2d 758 (Mont. 1996) (fraud standards in relinquishment/consent claims; general fraud framework)
- In re J.R., 252 P.3d 163 (Mont. 2011) (clear error standard for factual findings governing revocation)
- Tyler v. Children's Home Society of Cal., 35 Cal. Rptr. 2d 300 (Cal. Ct. App. 1994) (relinquishments strong public policy favoring stability of adoptions)