§ 14-20-42 — (607) Limitation - Child having presumed father

1. Except as otherwise provided in subsection 2, a proceeding brought by a presumed
father, the mother, or another individual to adjudicate the parentage of a child having a
presumed father must be commenced not later than two years after the birth of the
child.
2. A proceeding seeking to disprove the father-child relationship between a child and the
child's presumed father may be maintained at any time if the court determines that:
a. The presumed father and the mother of the child neither cohabited nor engaged
in sexual intercourse with each other during the probable time of conception; and
b. The presumed father never openly held out the child as his own.
3. For purposes of this section and section 14-20-43, an action to establish support for a
child is a proceeding to adjudicate parentage if the child's presumed father raises
nonpaternity as a defense to the action.