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

2. (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:

3. (1) the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;
4. (2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

5. (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.

ANNOTATIONS

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