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New York Consolidated Laws, Family Court Act - FCT § 581-305. Limitation on spouses' dispute of parentage of child of assisted reproduction

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Neither spouse may challenge the marital presumption of parentage of a child created by assisted reproduction during the marriage unless the court finds by clear and convincing evidence that one spouse used assisted reproduction without the knowledge and consent of the other spouse.

(b) Notwithstanding the foregoing, a married individual may use assisted reproduction and the marital presumption shall not apply if the spouses:

(1) are living separate and apart pursuant to a decree or judgment of separation or pursuant to a written agreement of separation subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded;  or

(2) have been living separate and apart for at least three years prior to the use of assisted reproduction.

(c) The limitation provided in this section applies to a spousal relationship that has been declared invalid after assisted reproduction or artificial insemination.

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Cite this article: FindLaw.com - New York Consolidated Laws, Family Court Act - FCT § 581-305. Limitation on spouses' dispute of parentage of child of assisted reproduction - last updated January 01, 2026 | https://codes.findlaw.com/ny/family-court-act/fct-sect-581-305/

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