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§ 8-705 Limitation on husband’s dispute of paternity.

13 DE Code § 8-705 (2019) (N/A)
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(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 may not challenge his paternity of the child unless:

(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2) The 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 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 declared invalid after assisted reproduction.

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.

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