Revised Code of Washington - RCW Title 26 Domestic Relations - Section 26.26.720 Child of assisted reproduction -- Limitation on husband's dispute of paternity

§ 26.26.720. Child of assisted reproduction -- Limitation on husband's dispute of paternity

(1) Except as otherwise provided in subsection (2) of this section, 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 treated the child as his own.

(3) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.

[2002 c 302 § 605.]

Sections:  Previous  26.26.620  26.26.625  26.26.630  26.26.700  26.26.705  26.26.710  26.26.715  26.26.720  26.26.725  26.26.730  26.26.735  26.26.740  26.26.903  26.26.904  26.26.911  Next

Last modified: April 7, 2009