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Current as of January 01, 2024 | Updated by FindLaw Staff
A. Except as otherwise provided in Subsection B of this section, the husband of a wife who gives birth to a child by means of assisted reproduction shall not challenge his paternity of the child unless:
(1) within two years after learning of the birth of the child, he commences a proceeding to adjudicate his paternity; and
(2) the district court finds that he did not consent to the assisted reproduction, before or after birth of the child.
B. A proceeding to adjudicate paternity may be maintained at any time if the district court determines that:
(1) the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;
(2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) the husband never openly held out the child as his own.
C. The limitation provided in this section applies to a marriage dissolved or declared invalid after assisted reproduction.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 40. Domestic Affairs § 40-11A-705. Limitation on husband's dispute of paternity - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-40-domestic-affairs/nm-st-sect-40-11a-705/
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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