Assisted reproduction—Limitation on spouse's dispute of parentage.

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(1) Except as otherwise provided in subsection (2) of this section, an individual who, at the time of a child's birth, is the spouse of the woman who gave birth to the child by assisted reproduction may not challenge the individual's parentage of the child unless:

(a) Not later than four years after the birth of the child, the individual commences a proceeding to adjudicate the individual's parentage of the child; and

(b) The court finds the individual did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under RCW 26.26A.630.

(2) 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:

(a) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(b) The spouse and the woman who gave birth to the child have not cohabited since the probable time of assisted reproduction; and

(c) The spouse never openly held out the child as the spouse's child.

(3) This section applies to a spouse's dispute of parentage even if the spouse's marriage is declared invalid after assisted reproduction occurs.

[ 2018 c 6 § 605.]


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