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.
History: Laws 2009, ch. 215, § 7-705.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
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