§ 581-305 — Limitation on spouses' dispute of parentage of child of assisted reproduction

New York § 581-305

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Child of Assisted Reproduction
• Art. 5-C: Judgments of Parentage of Children Conceived Through Assisted Reproduction or Pursuant to Surrogacy Agreements

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§ 581-305. Limitation on spouses' dispute of parentage of child of\nassisted reproduction. (a) Neither spouse may challenge the marital\npresumption of parentage of a child created by assisted reproduction\nduring the marriage unless the court finds by clear and convincing\nevidence that one spouse used assisted reproduction without the\nknowledge and consent of the other spouse.\n (b) Notwithstanding the foregoing, a married individual may use\nassisted reproduction and the marital presumption shall not apply if the\nspouses:\n (1) are living separate and apart pursuant to a decree or judgment of\nseparation or pursuant to a written agreement of separation subscribed\nby the parties thereto and acknowledged or proved in the form required\nto entitle a deed to be recorded; or\n (2) have been living separate and apart for at least three years prior\nto the use of assisted reproduction.\n (c) The limitation provided in this section applies to a spousal\nrelationship that has been declared invalid after assisted reproduction\nor artificial insemination.\n