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.