Delaware § 8-705 Limitation on husband’s dispute of paternity

Delaware Statutes

§ 8-705 — Limitation on husband’s dispute of paternity

Delaware § 8-705

Title13

Ch. 8UNIFORM PARENTAGE ACT

Subch.Child of Assisted Reproduction

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Bluebook

Del. Code tit. 13, § 8-705 (2026).

Text

(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 may not challenge his paternity of the child unless:

(1)Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2)The 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 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 husb

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(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 may not challenge his paternity of the child unless:

(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2) The 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 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 declared invalid after assisted reproduction.