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.