1. (1) Except as otherwise provided in subsection (2) of this section, an individual who, at the time of a child's birth, is the spouse of the woman who gave birth to the child by assisted reproduction may not challenge the individual's parentage of the child unless:

   1. (a) Not later than four years after the birth of the child, the individual commences a proceeding to adjudicate the individual's parentage of the child; and
   2. (b) The court finds the individual did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under RCW 26.26A.630.

2. (2) A proceeding to adjudicate a spouse's parentage of a child born by assisted reproduction may be commenced at any time if the court determines:

   1. (a) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;
   2. (b) The spouse and the woman who gave birth to the child have not cohabited since the probable time of assisted reproduction; and
   3. (c) The spouse never openly held out the child as the spouse's child.
3. (3) This section applies to a spouse's dispute of parentage even if the spouse's marriage is declared invalid after assisted reproduction occurs.

[ 2018 c 6 s 605.]