reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1079. Contest of registered convention support order

40-5-1079. Contest of registered convention support order.
(1) Except as otherwise provided in 40-5-1073 through 40-5-1085, 40-5-1059 through 40-5-1062 apply to a contest of a registered convention support order.
(2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2), the order is enforceable.
(4) A contest of a registered convention support order may be based only on grounds set forth in 40-5-1080. The contesting party bears the burden of proof.
(5) In a contest of a registered convention support order, a tribunal of this state:
(a) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) may not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
History: En. Sec. 12, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1080. Recognition and enforcement of registered convention support order

40-5-1080. Recognition and enforcement of registered convention support order.
(1) Except as otherwise provided in subsection (2), a tribunal of this state shall recognize and enforce a registered convention support order.
(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(a) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) the issuing tribunal lacked personal jurisdiction consistent with 40-5-1008;
(c) the order is not enforceable in the issuing country;
(d) the order was obtained by fraud in connection with a matter of procedure;
(e) a record transmitted in accordance with 40-5-1078 lacks authenticity or integrity;
(f) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(g) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this part in this state;
(h) payment, to the extent alleged arrears have been paid in whole or in part;
(i) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) the order was made in violation of 40-5-1083.
(3) If a tribunal of this state does not recognize a convention support order under subsection (2)(b), (2)(d), or (2)(i):
(a) the tribunal may not dismiss the proceedings without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(b) the department of public health and human services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under 40-5-1076.
History: En. Sec. 13, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1081. Partial enforcement

40-5-1081. Partial enforcement.
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
History: En. Sec. 14, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1082. Foreign support agreement

40-5-1082. Foreign support agreement.
(1) Except as otherwise provided in subsections (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) a complete text of the foreign support agreement; and
(b) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) the agreement was obtained by fraud or falsification;
(c) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this part in this state; or
(d) the record submitted under subsection (2) lacks authenticity or integrity.
(5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
History: En. Sec. 15, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1083. Modification of convention child support order

40-5-1083. Modification of convention child support order.
(1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, 40-5-1080(3) applies.
History: En. Sec. 16, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1084. Personal information -- limit on use

40-5-1084. Personal information -- limit on use.
Personal information gathered or transmitted under 40-5-1073 through 40-5-1085 may be used only for the purposes for which it was gathered or transmitted.
History: En. Sec. 17, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1085. Record in original language -- English translation

40-5-1085. Record in original language -- English translation.
A record filed with a tribunal of this state under 40-5-1073 through 40-5-1085 must be in the original language and, if not in English, must be accompanied by an English translation.
History: En. Sec. 18, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1088. Grounds for rendition

40-5-1088. Grounds for rendition.
(1) For purposes of 40-5-1089 and this section, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this part.
(2) The governor of this state may:
(a) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this part applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from there.
History: En. Sec. 5, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-45; amd. Sec. 13, Ch. 328, L. 1993; Sec. 40-5-106, MCA 1991; redes. 40-5-153 by Code Commissioner, 1993; amd. Sec. 30, Ch. 174, L. 2015; Sec. 40-5-153, MCA 2013; redes. 40-5-1088 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1089. Conditions of rendition

40-5-1089. Conditions of rendition.
(1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this part or that the proceeding would be of no avail.
(2) If, under this part or a law substantially similar to this part, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
History: En. Sec. 6, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-46; amd. Sec. 14, Ch. 328, L. 1993; Sec. 40-5-107, MCA 1991; redes. 40-5-154 by Code Commissioner, 1993; amd. Sec. 3, Ch. 352, L. 2001; amd. Sec. 31, Ch. 174, L. 2015; Sec. 40-5-154, MCA 2013; redes. 40-5-1089 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 5. Enforcement of Support › Part 10. Uniform Interstate Family Support Act › 40-5-1092. Uniformity of application and construction

40-5-1092. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 41, Ch. 237, L. 1969; R.C.M. 1947, 93-2601-81; amd. Sec. 49, Ch. 328, L. 1993; Sec. 40-5-142, MCA 1991; redes. 40-5-197 by Code Commissioner, 1993; amd. Sec. 67, Ch. 174, L. 2015; Sec. 40-5-197, MCA 2013; redes. 40-5-1092 by Sec. 71, Ch. 174, L. 2015.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-101. Short title

40-6-101. Short title.
This part may be cited as the "Uniform Parentage Act".
History: En. 61-301 by Sec. 1, Ch. 512, L. 1975; R.C.M. 1947, 61-301.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-102. Definitions

40-6-102. Definitions.
As used in this part, the following definitions apply:
(1) "Parent and child relationship" means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.
(2) "Paternity test" means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. The genetic markers may be identified from a person's blood or a tissue sample. The blood or tissue sample may be taken by blood drawing, buccal swab, or any other method approved by the American association of blood banks. A blood test may include but is not limited to the human leukocyte antigen test and DNA probe technology.
(3) "Support judgment" or "support order" means an order, whether temporary or final, that provides for the periodic payment of an amount of money expressed in dollars for the support of a child, including medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child.
History: En. 61-302 by Sec. 2, Ch. 512, L. 1975; R.C.M. 1947, 61-302; amd. Sec. 6, Ch. 70, L. 1995; amd. Sec. 85, Ch. 552, L. 1997; amd. Sec. 11, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-103. Relationship not dependent on marriage

40-6-103. Relationship not dependent on marriage.
The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
History: En. 61-303 by Sec. 3, Ch. 512, L. 1975; R.C.M. 1947, 61-303.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-104. How parent and child relationship established

40-6-104. How parent and child relationship established.
The parent and child relationship between a child and:
(1) the natural mother may be established by proof of the mother having given birth to the child or under this part;
(2) the natural father may be established under this part;
(3) an adoptive parent may be established by proof of adoption.
History: En. 61-304 by Sec. 4, Ch. 512, L. 1975; R.C.M. 1947, 61-304; amd. Sec. 1581, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-106. Artificial insemination

40-6-106. Artificial insemination.
(1) If, under the supervision of a licensed physician and with the consent of the woman's husband, a wife is inseminated artificially with semen donated by a person who is not the husband, the husband is treated in law as if the husband were the natural father of a child conceived by artificial insemination. The husband's consent must be in writing and signed by the husband and the wife. The physician shall certify their signatures and the date of the insemination and file the husband's consent with the department of public health and human services, where it must be kept confidential and in a sealed file. However, the physician's failure to file the consent does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.
(2) The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if the donor is not the natural father of a child conceived by artificial insemination.
History: En. 61-306 by Sec. 6, Ch. 512, L. 1975; R.C.M. 1947, 61-306; amd. Sec. 81, Ch. 418, L. 1995; amd. Sec. 144, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-107. Determination of father and child relationship -- who may bring action

40-6-107. Determination of father and child relationship -- who may bring action.
(1) Any interested party may bring an action for the purpose of determining the existence or nonexistence of the father and child relationship presumed pursuant to 40-6-105.
(2) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under 40-6-105 may be brought by the child, the mother or personal representative of the child, the department of public health and human services or its appropriate local affiliate, the personal representative or a parent of the mother if the mother has died, a person alleged or alleging to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.
(3) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with 40-6-114(2), between an alleged or presumed father and the mother or child does not bar an action under this section.
(4) If an action under this section is brought before the birth of the child, all proceedings must be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.
History: En. 61-307 by Sec. 7, Ch. 512, L. 1975; R.C.M. 1947, 61-307; amd. Sec. 32, Ch. 609, L. 1987; amd. Sec. 145, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-108. Statute of limitations

40-6-108. Statute of limitations.
(1) An action may be commenced at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105(1)(a), (1)(b), or (1)(c).
(2) After the presumption has been rebutted, paternity of the child by another individual may be determined in the same action if the other individual has been made a party.
(3) An action to determine the existence or nonexistence of the father and child relationship as to a child who has no presumed father under 40-6-105:
(a) may not be brought by the child later than 2 years after the child attains the age of majority;
(b) may be brought by a state agency at any time after the first application is made under Title IV-D of the Social Security Act for services to the child and before the child attains the age of majority. This subsection is intended to apply retroactively, within the meaning of 1-2-109, to any child for whom a paternity action was barred or could have been barred by a shorter limitation period. However, in previously barred actions that are revived by this subsection, the father is not liable to the state agency for support of the child.
(4) The father's liability for a statutory debt created by the payment of public assistance is limited to the amount of assistance paid during the 2-year period preceding commencement of the action. This subsection does not limit the subsequent accrual of a statutory debt.
(5) Section 40-6-107 and this section do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship or otherwise.
(6) After the conclusion of an adoption proceeding under Title 42, a further action to declare the existence or nonexistence of the father and child relationship of the adopted child may not be commenced, except as provided in 42-2-411.
History: En. 61-308 by Sec. 8, Ch. 512, L. 1975; R.C.M. 1947, 61-308; amd. Sec. 5, Ch. 33, L. 1979; amd. Sec. 1, Ch. 442, L. 1985; amd. Sec. 1, Ch. 129, L. 1987; amd. Sec. 1, Ch. 265, L. 1991; amd. Sec. 1, Ch. 373, L. 1993; amd. Sec. 165, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-109. Jurisdiction -- venue

40-6-109. Jurisdiction -- venue.
(1) The district court has jurisdiction of an action brought under this part. The action may be joined with an action for dissolution, annulment, separate maintenance, support, or adoption.
(2) For purposes of an action brought under this part, personal jurisdiction is established in the courts of this state over an individual or the individual's guardian or conservator, if:
(a) the individual is personally served within this state in accordance with Rule 4(b), Montana Rules of Civil Procedure;
(b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document that has the effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or
(g) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(3) The action may be brought in the county in which the child or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of the father's estate have been or could be commenced.
History: En. 61-309 by Sec. 9, Ch. 512, L. 1975; amd. Sec. 21, Ch. 33, L. 1977; R.C.M. 1947, 61-309; amd. Sec. 57, Ch. 328, L. 1993.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-110. Parties

40-6-110. Parties.
The child must be made a party to the action. A minor must be represented by the minor's general guardian or a guardian ad litem appointed by the court. The child's mother or father may not represent the child as guardian or otherwise. The court may not appoint the department of public health and human services or any of its staff as guardian ad litem for the child. The natural mother, each person presumed to be the father under 40-6-105, and each person alleged to be the natural father must be made parties or, if not subject to the jurisdiction of the court, must be given notice of the action in a manner prescribed by the court and must be given an opportunity to be heard. The court may align the parties.
History: En. 61-310 by Sec. 10, Ch. 512, L. 1975; R.C.M. 1947, 61-310; amd. Sec. 33, Ch. 609, L. 1987; amd. Sec. 3, Ch. 434, L. 1993; amd. Sec. 146, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-111. Pretrial proceedings

40-6-111. Pretrial proceedings.
(1) As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the hearing be held before a referee. The public must be barred from the hearing. A record of the proceeding must be kept.
(2) Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order the witness to testify under oath and produce evidence concerning all relevant facts. If the refusal is upon the ground that the testimony or evidence might tend to incriminate the witness, the court may grant the witness immunity from all criminal liability on account of the testimony or evidence the witness is required to produce. An order granting immunity bars prosecution of the witness for any offense shown in whole or in part by testimony or evidence that the witness is required to produce, except for perjury committed in the testimony. The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court.
(3) Upon motion, a temporary support order may be issued at any time during a paternity action when there is clear and convincing evidence of paternity in the form of paternity test results or other evidence. The temporary support order must be established according to the uniform child support guidelines adopted under 40-5-209.
History: En. 61-311 by Sec. 11, Ch. 512, L. 1975; R.C.M. 1947, 61-311; amd. Sec. 87, Ch. 552, L. 1997; amd. Sec. 13, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-112. Paternity tests

40-6-112. Paternity tests.
(1) The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to paternity tests. The tests shall be performed by an expert qualified as an examiner of blood types, appointed by the court.
(2) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of blood types.
(3) In all cases the court shall determine the number and qualifications of the experts.
History: En. 61-312 by Sec. 12, Ch. 512, L. 1975; R.C.M. 1947, 61-312; amd. Sec. 14, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-113. 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.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-114. Pretrial recommendations

40-6-114. Pretrial recommendations.
(1) On the basis of the information produced at the pretrial hearing, the judge or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:
(a) that the action be dismissed with or without prejudice;
(b) that the matter be compromised by an agreement among the alleged father, the mother, and the child, in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge or referee conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge or referee conducting the hearing shall consider the best interest of the child in the light of the factors enumerated in 40-6-116(5), discounted by the improbability, as it appears to the judge or referee, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on the alleged father.
(c) that the alleged father voluntarily acknowledge paternity of the child.
(2) If the parties accept a recommendation made in accordance with subsection (1), judgment must be entered accordingly.
(3) If a party refuses to accept a recommendation made under subsection (1) and paternity tests have not been taken, the court shall require the parties to submit to paternity tests, if practicable. Thereafter, the judge or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial.
(4) If the scientific evidence resulting from the paternity tests conclusively shows that the defendant could not have been the father, then the action must be dismissed.
(5) The guardian ad litem may accept or refuse to accept a recommendation under this section.
(6) The informal hearing may be terminated and the action set for trial if the judge or referee conducting the hearing finds unlikely that all parties would accept a recommendation made under subsection (1) or (3).
History: En. 61-314 by Sec. 14, Ch. 512, L. 1975; R.C.M. 1947, 61-314; amd. Sec. 1582, Ch. 56, L. 2009; amd. Sec. 16, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-115. Civil action

40-6-115. Civil action.
(1) An action under this part is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Sections 40-6-111(2), 40-6-112, and 40-6-113 apply to all actions brought under this part.
(2) Testimony relating to sexual access to the mother by an unidentified person at any time or by an identified person at a time other than the probable time of conception of the child is inadmissible in evidence, unless offered by the mother.
(3) In an action against an alleged father, evidence offered by the alleged father with respect to a person who is not subject to the jurisdiction of the court concerning sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court paternity tests, the results of which do not exclude the possibility of the alleged father's paternity of the child. A person who is identified and is subject to the jurisdiction of the court must be made a defendant in the action.
(4) If a paternity test has been initially ordered under this part and a party objects to the paternity test results, the objection must be filed within 20 days after service of the paternity test results. If an objection is filed, and upon the alleged father's advance payment for additional testing, the court shall order an additional paternity test. If no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.
(5) If the alleged father fails to answer or to appear at a scheduled hearing or for a scheduled paternity test, the district court shall enter an order declaring the alleged father the legal father of the child. The district court may not enter an order under this section if there is more than one alleged father unless the default applies to only one of them and all others have been excluded by the results of paternity testing.
(6) Bills for pregnancy, childbirth, and paternity testing are admissible as evidence without third-party foundation testimony and are prima facie evidence of the amounts incurred.
History: En. 61-315 by Sec. 15, Ch. 512, L. 1975; R.C.M. 1947, 61-315; amd. Sec. 8, Ch. 70, L. 1995; amd. Sec. 88, Ch. 552, L. 1997; amd. Sec. 17, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-117. Enforcement of judgment or order

40-6-117. Enforcement of judgment or order.
(1) If existence of the father and child relationship is declared or paternity or a duty of support has been acknowledged or adjudicated under this part or under prior law, the court may, except as provided in 40-5-909 and 40-6-116(8), order support payments to be made to the mother, the clerk of the court, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court.
(2) Full faith and credit must be given to a determination of paternity made by any other state, whether presumed by law, established through voluntary acknowledgment, or established by administrative or judicial processes.
(3) Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.
(4) (a) A district court judgment, decree, or order that establishes or modifies a child support obligation must include a provision requiring the child support obligation to be paid, without need for further order of the court, to:
(i) the legal custodian of the minor child;
(ii) a person, organization, or agency to which the legal custodian voluntarily or involuntarily relinquishes actual physical custody of the child; or
(iii) any other person, organization, or agency entitled by law, assignment, or similar reason to receive or collect the child support obligation.
(b) If the department of public health and human services is providing services under Title IV-D of the Social Security Act, payment of support must be made through the department for distribution to the person, organization, or agency entitled to the payment.
(c) A judgment, decree, or order that omits the provision required by subsection (4)(a) is subject to the requirements of subsection (4)(a) without need for an amendment to the judgment, decree, or order or for any further action by the court.
History: En. 61-318 by Sec. 18, Ch. 512, L. 1975; R.C.M. 1947, 61-318; amd. Sec. 22, Ch. 631, L. 1993; amd. Sec. 9, Ch. 70, L. 1995; amd. Sec. 90, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-118. Modification of judgment or order

40-6-118. Modification of judgment or order.
The court has continuing jurisdiction to modify or revoke a judgment or order:
(1) for future education and support; and
(2) with respect to matters listed in 40-6-116(3), 40-6-116(4), and 40-6-117(3), except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under 40-6-116(4) may specify that the judgment or order may not be modified or revoked.
History: En. 61-319 by Sec. 19, Ch. 512, L. 1975; R.C.M. 1947, 61-319; amd. Sec. 10, Ch. 70, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-119. Right to counsel -- transcript on appeal

40-6-119. Right to counsel -- transcript on appeal.
(1) At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall order the office of state public defender, pursuant to the Montana Public Defender Act, Title 47, chapter 1, to assign counsel for a party who is financially unable to obtain counsel.
(2) The court may order reasonable fees for experts and the child's guardian ad litem and other costs of the action and pretrial proceedings, including paternity test costs, to be paid by the parties in proportions and at times determined by the court.
(3) If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal. Transcript fees must be paid as provided in 3-5-604.
History: En. 61-320 by Sec. 20, Ch. 512, L. 1975; R.C.M. 1947, 61-320; amd. Sec. 1, Ch. 282, L. 1995; amd. Sec. 28, Ch. 449, L. 2005; amd. Sec. 2, Ch. 154, L. 2009; amd. Sec. 18, Ch. 364, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-120. Hearings and records -- confidentiality

40-6-120. Hearings and records -- confidentiality.
Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this part shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in any agency of the state or of any political subdivision or elsewhere, are subject to inspection only upon consent of the court and all interested persons or in exceptional cases only upon an order of the court for good cause shown.
History: En. 61-321 by Sec. 21, Ch. 512, L. 1975; R.C.M. 1947, 61-321.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-121. Action to declare mother and child relationship

40-6-121. Action to declare mother and child relationship.
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this part applicable to the father and child relationship apply.
History: En. 61-322 by Sec. 22, Ch. 512, L. 1975; R.C.M. 1947, 61-322.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-122. Promise to render support

40-6-122. Promise to render support.
(1) Any promise in writing to furnish support for a child growing out of a supposed or alleged father and child relationship does not require consideration and is enforceable according to its terms, subject to 40-6-107(4).
(2) In the best interest of the child or the mother, the court may, and upon the promisor's request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.
History: En. 61-323 by Sec. 23, Ch. 512, L. 1975; amd. Sec. 22, Ch. 33, L. 1977; R.C.M. 1947, 61-323.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-123. Birth records

40-6-123. Birth records.
(1) Upon order of a court of this state or upon request of a court of another state, the department of public health and human services shall prepare a substitute certificate of birth consistent with the findings of the court and shall substitute the new certificate for the original certificate of birth.
(2) The fact that the father and child relationship was declared after the child's birth may not be ascertainable from the new certificate, but the actual place and date of birth must be shown.
(3) The evidence upon which the new certificate was made and the original birth certificate must be kept in a sealed and confidential file and are subject to inspection only upon consent of the court and all interested persons or in exceptional cases only upon an order of the court for good cause shown.
History: En. 61-324 by Sec. 24, Ch. 512, L. 1975; R.C.M. 1947, 61-324; amd. Sec. 82, Ch. 418, L. 1995; amd. Sec. 148, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-124. Repealed

40-6-124. Repealed.
Sec. 15, Ch. 530, L. 1981.
History: En. 61-328 by Sec. 1, Ch. 422, L. 1977; R.C.M. 1947, 61-328.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-125. Repealed

40-6-125. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. 61-329 by Sec. 2, Ch. 422, L. 1977; R.C.M. 1947, 61-329; amd. Sec. 4, Ch. 530, L. 1981; amd. Sec. 2, Ch. 1, Sp. L. 1981; amd. Sec. 1, Ch. 683, L. 1991; amd. Sec. 3, Ch. 458, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-126. Repealed

40-6-126. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. 61-330 by Sec. 3, Ch. 422, L. 1977; R.C.M. 1947, 61-330; amd. Sec. 83, Ch. 418, L. 1995; amd. Sec. 4, Ch. 458, L. 1995; amd. Sec. 149, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-127. Repealed

40-6-127. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. 61-331 by Sec. 4, Ch. 422, L. 1977; R.C.M. 1947, 61-331.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-128. Repealed

40-6-128. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. 61-332 by Sec. 5, Ch. 422, L. 1977; R.C.M. 1947, 61-332; amd. Sec. 84, Ch. 418, L. 1995; amd. Sec. 150, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-129. Repealed

40-6-129. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. 61-333 by Sec. 6, Ch. 422, L. 1977; R.C.M. 1947, 61-333.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-130. Repealed

40-6-130. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. 61-334 by Sec. 7, Ch. 422, L. 1977; R.C.M. 1947, 61-334.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-131. Uniformity of application and construction

40-6-131. Uniformity of application and construction.
This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
History: En. 61-327 by Sec. 29, Ch. 512, L. 1975; R.C.M. 1947, 61-327.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 1. Uniform Parentage Act › 40-6-135. Repealed

40-6-135. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 1, Ch. 1, Sp. L. 1981; amd. Sec. 1, Ch. 225, L. 1987; amd. Sec. 2, Ch. 683, L. 1991; amd. Sec. 151, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-201. Legitimacy of children born in wedlock

40-6-201. Legitimacy of children born in wedlock.
All children born in wedlock are presumed to be legitimate.
History: En. Sec. 280, Civ. C. 1895; re-en. Sec. 3738, Rev. C. 1907; re-en. Sec. 5830, R.C.M. 1921; Cal. Civ. C. Sec. 193; Field Civ. C. Sec. 86; re-en. Sec. 5830, R.C.M. 1935; R.C.M. 1947, 61-101.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-202. Legitimacy of children born after dissolution of marriage

40-6-202. Legitimacy of children born after dissolution of marriage.
All children of a woman who has been married, born within 10 months after the dissolution of the woman's marriage, are presumed to be legitimate children of that marriage.
History: En. Sec. 281, Civ. C. 1895; re-en. Sec. 3739, Rev. C. 1907; re-en. Sec. 5831, R.C.M. 1921; Cal. Civ. C. Sec. 194; Based on Field Civ. C. Sec. 87; re-en. Sec. 5831, R.C.M. 1935; R.C.M. 1947, 61-102; amd. Sec. 1583, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-203. Child legitimatized by marriage of parents

40-6-203. Child legitimatized by marriage of parents.
A child born before wedlock becomes legitimate by the subsequent marriage of its parents.
History: En. Sec. 11, p. 410, Bannack Stat.; re-en. Sec. 11, p. 521, Cod. Stat. 1871; re-en. Sec. 864, 5th Div. Rev. Stat. 1879; re-en. Sec. 1425, 5th Div. Comp. Stat. 1887; amd. Sec. 302, Civ. C. 1895; re-en. Sec. 3760, Rev. C. 1907; re-en. Sec. 5852, R.C.M. 1921; Cal. Civ. C. Sec. 215; re-en. Sec. 5852, R.C.M. 1935; R.C.M. 1947, 61-123.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-211. Obligations of parents for the support and education of their children

40-6-211. Obligations of parents for the support and education of their children.
The parent or parents of a child shall give the child support and education suitable to the child's circumstances.
History: En. Sec. 283, Civ. C. 1895; re-en. Sec. 3741, Rev. C. 1907; re-en. Sec. 5833, R.C.M. 1921; Cal. Civ. C. Sec. 196; Field Civ. C. Sec. 89; re-en. Sec. 5833, R.C.M. 1935; amd. Sec. 21, Ch. 293, L. 1975; R.C.M. 1947, 61-104; amd. Sec. 30, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-212. Allowance to parent

40-6-212. Allowance to parent.
The proper court may direct an allowance to be made to the parent of a child out of the child's property for the past or future support and education of the child, on such conditions as may be proper, whenever such direction is for the child's benefit.
History: En. Sec. 288, Civ. C. 1895; re-en. Sec. 3746, Rev. C. 1907; re-en. Sec. 5838, R.C.M. 1921; Cal. Civ. C. Sec. 201; Field Civ. C. Sec. 92; re-en. Sec. 5838, R.C.M. 1935; amd. Sec. 14, Ch. 33, L. 1977; R.C.M. 1947, 61-109.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-213. Remedy when parent dies without providing for support of child

40-6-213. Remedy when parent dies without providing for support of child.
If a parent chargeable with the support of a child dies leaving the child chargeable to the county and leaving an estate sufficient for the child's support, the county commissioners of the county may claim provision for the child's support from the parent's estate by civil action and for this purpose may have the same remedies as any creditors against that estate and against the heirs, devisees, and the next of kin of the parent.
History: En. Sec. 292, Civ. C. 1895; re-en. Sec. 3750, Rev. C. 1907; re-en. Sec. 5842, R.C.M. 1921; Cal. Civ. C. Sec. 205; Based on Field Civ. C. Sec. 96; re-en. Sec. 5842, R.C.M. 1935; amd. Sec. 15, Ch. 33, L. 1977; R.C.M. 1947, 61-113.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-214. Duties of parents to maintain children

40-6-214. Duties of parents to maintain children.
It is the duty of the father and the mother of any poor person who is unable to provide self-maintenance by work to maintain that person to the extent of the parent's ability.
History: En. Sec. 293, Civ. C. 1895; re-en. Sec. 3751, Rev. C. 1907; re-en. Sec. 5843, R.C.M. 1921; Cal. Civ. C. Sec. 206; Field Civ. C. Sec. 97; re-en. Sec. 5843, R.C.M. 1935; R.C.M. 1947, 61-114; amd. Sec. 1584, Ch. 56, L. 2009; amd. Sec. 1, Ch. 213, L. 2021.