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Current as of January 01, 2024 | Updated by FindLaw Staff
1. Except as otherwise provided in subsection 2, 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 held out the child as his own.
3. The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-20-63. Limitation on husband's dispute of paternity - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-20-63/
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 or via Westlaw before relying on it for your legal needs.
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