§ 14-20-63 — (705) Limitation on husband's dispute of paternity

1. Except as otherwise provided in subsection 2, 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:
a. Within two years after learning of the birth of the child he commences a
proceeding to adjudicate his paternity; and
b. The court finds that he did not consent to the assisted reproduction, before or
after birth of the child.
2. A proceeding to adjudicate paternity may be maintained at any time if the court
determines that:
a. The husband did not provide sperm for, or before or after the birth of the child
consent to, assisted reproduction by his wife;
b. The husband and the mother of the child have not cohabited since the probable
time of assisted reproduction; and
c. The husband never openly held out the child as his own.
3. The limitation provided in this section applies to a marriage declared invalid after
assisted reproduction.