26.26.720 - Child of assisted reproduction -- Limitation on husband's dispute of paternity.

Child of assisted reproduction — Limitation on husband's dispute of paternity.

(1) Except as otherwise provided in subsection (2) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:

     (a) Within two years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

     (b) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.

     (2) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:

     (a) The husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife;

     (b) The husband and the mother of the child have not cohabited since the probable time of assisted 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 after assisted reproduction.

[2002 c 302 § 605.]