78B-15-705 - Limitation on husband's dispute of paternity.
78B-15-705. Limitation on husband's dispute of paternity.
(1) Except as otherwise provided in Subsection (2), the husband of a wife who givesbirth to a child by means of assisted reproduction may not challenge his paternity of the childunless:
(a) within two years after learning of the birth of the child he commences a proceeding toadjudicate his paternity; and
(b) the tribunal finds that he did not consent to the assisted reproduction, before or afterthe birth of the child.
(2) A proceeding to adjudicate paternity may be maintained at any time if the tribunaldetermines that:
(a) the husband did not provide sperm for, or before or after the birth of the child consentto, assisted reproduction by his wife;
(b) the husband and the mother of the child have not cohabited since the probable time ofassisted reproduction; and
(c) the husband never openly treated the child as his own.
(3) The limitation provided in this section applies to a marriage declared invalid afterassisted reproduction.
Renumbered and Amended by Chapter 3, 2008 General Session