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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Except as otherwise provided in subsection (b), an individual who, at the time of the child's birth, is the spouse of an individual who gave birth to the child by assisted reproduction may not challenge the individual's own parentage of the child unless:
(1) No later than two years after the birth of the child or the date of which the individual first learns of the birth of the child, whichever is later, the individual commences a proceeding to adjudicate the individual's parentage of the child; and
(2) The court finds the individual did not consent to the assisted reproduction, before, on, or after the birth of the child, or withdrew consent under section 584A-807.
(b) A proceeding to adjudicate a spouse's parentage of a child born by assisted reproduction may be commenced at any time if the court determines:
(1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;
(2) The spouse and the individual who gave birth to the child have not cohabited since the probable time of assisted reproduction; and
(3) The spouse never openly held out the child as the spouse's child.
(c) This section shall apply to a spouse's dispute of parentage even if the spouse's marriage is declared invalid after assisted reproduction occurs.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 584A-805 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-584a-805/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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