Mont. Code Ann. § 40-5-235
Effect of order establishing paternity -- birth records -- relief from order
En. Sec. 6, Ch. 119, L. 1989; amd. Sec. 78, Ch. 418, L. 1995; amd. Sec. 136, Ch. 546, L. 1995; amd. Sec. 49, Ch. 552, L. 1997.
- (1) An administrative order of the department declaring the paternity of a child establishes the legal existence of the parent and child relationship for all purposes and confers or imposes all parental rights, privileges, duties, and obligations.
- (2) Upon the request of the mother or father of a child born in this state, the department shall prepare a substitute certificate of birth, if necessary, consistent with the administrative order. The substitute certificate of birth is subject to the provisions of 40-6-123, with references to "court" taken to mean "department".
- (3) Except for an order based on a consent to entry of an order declaring paternity, the department may set aside an administrative order establishing the paternity of a child upon the application of any affected party and upon a showing of any of the grounds and within the timeframes provided in Rule 60(c) and (d) of the Montana Rules of Civil Procedure.
- (4) An order of the department under 40-5-232 through 40-5-235 may be reviewed under the provisions of Title 2, chapter 4, part 7.
History: En. Sec. 6, Ch. 119, L. 1989; amd. Sec. 78, Ch. 418, L. 1995; amd. Sec. 136, Ch. 546, L. 1995; amd. Sec. 49, Ch. 552, L. 1997.