New Mexico § 40-11A-705 Limitation on husband's dispute of paternity

New Mexico Statutes

§ 40-11A-705 — Limitation on husband's dispute of paternity

New Mexico § 40-11A-705

Ch. 40Domestic Affairs

Art. 7CHILD OF ASSISTED REPRODUCTION

This text of New Mexico § 40-11A-705 (Limitation on husband's dispute of paternity) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-11A-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 shall not challenge his paternity of the child unless:

(1)within two years after learning of the birth of the child, he commences a proceeding to adjudicate his paternity; and (2) the district 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 district 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; an

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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 shall not challenge his paternity of the child unless: (1) within two years after learning of the birth of the child, he commences a proceeding to adjudicate his paternity; and (2) the district 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 district 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 dissolved or declared invalid after assisted reproduction.