Maine Comment

Subsection 1 is gender neutral and requires that a person, whether married or unmarried and regardless of gender, who intends to be a parent of a child must consent in a record to all forms of assisted reproduction covered by this subchapter. Subsection 2 provides for a finding not limited to paternity, but expanded to afford to a woman the same rights afforded to a man.

§1965.__Limitation on husband's dispute of paternity

1.__Challenge by husband.__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 2 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.__Proceeding to adjudicate parentage.__A proceeding to adjudicate parentage 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.