Program Operations Manual System (POMS)
TN 27 (12-00)
GN 00306.545 Montana Intestacy Laws
Effective 10/01/81, a child can inherit from his/her parent, regardless of the marital status of the parents, if the parent-child relationship may be established under the UPA. A parent-child relationship may be established as follows:
Between a child and the natural mother:
By proof of her having given birth to the child; or
under the provisions in 2. below.
Between a child and the natural father (or mother, if applicable) if one of the following applies:
he and the child's natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce or after a decree of separation is entered by a court; or
before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid; and
if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce; or
if the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation;
after the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:
he has acknowledged his paternity of the child in writing filed with the department of health and environmental sciences or with the district court for the county where he resides; or
with his consent, he is named as the child's father on the child's BC; or
he is obligated to support the child under a written voluntary promise or by court order;
while the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; or
(1) For acknowledgments of paternity made before 07/01/95, he acknowledged his paternity of the child in a writing filed with the department of health and environmental sciences or with the district court of the county where he resides which court or department shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the department of health and environmental sciences or with the district court of the county where the acknowledgment was filed. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted.
(2) Beginning 07/01/95, any acknowledgment of paternity must be made jointly by the child's father and mother, on a form provided by the department of public health and human services.
(3) From 07/01/95 through 06/30/97, the acknowledgment could be filed not only with the department of health and human services or with the district court where the alleged father resided, but also in the district court for any county where the child support enforcement division of the department of public health and human services maintains a regional office.
(4) Beginning 07/01/97:
An acknowledgment of paternity is to be filed only with the department of health and human services.
An acknowledgment of paternity may be rescinded by a signatory at any time within 60 days after it was signed by filing a notice of withdrawal with the department of public health and human services. The notice of withdrawal must include an affidavit attesting that a copy of the notice was provided to any parent who signed the acknowledgment form.
Without need for ratification by court or administrative proceedings, an acknowledgment of paternity becomes, as a matter of law, an irrebuttable presumption on the earlier of the date the acknowledgment is not timely rescinded as provided above; or a court or administrative judgment, decree, or order is entered that establishes paternity or a support order, when that proceeding includes the signatory. An irrebuttable presumption of paternity as described above may be set aside only for fraud, duress, or material mistake of fact. The burden of proof is on the person seeking to set the presumption aside.
effective 07/01/95, where the scientific evidence resulting from a blood test, whether ordered by a court or administrative agency of competent jurisdiction or agreed to by the parties, shows a 95% or higher statistical probability of paternity. (If the probability is less than 95%, there is no presumption of paternity and the test results may be weighed in conjunction with other evidence to establish paternity as indicated under 4. below.) The term "blood 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.