Comment

(This is section 705 of the UPA.)

Source: USCACA (1988) § 3; UPC (1993) § 2-114(c).

Subsection (a) provides for a challenge to a husband's presumed paternity if the conception of the child was through assisted reproduction not consented to by the husband before or after the birth of the child. If a proceeding to establish nonpaternity is timely filed and the husband's lack of consent is demonstrated, the child will be without a legally-recognized father because the sperm donor is not the father under § 702, supra. Because the filing of such a nonpaternity proceeding is permitted within two years of the husband's learning of the child's birth, the period of uncertainty concerning the identity of the child's father will be longer than two years in a situation in which an absent husband is not immediately made aware of the child's birth.

Subsection (b) provides an exception to the two-year time limit if the husband's sperm was not used, the couple has not cohabited since the probable time of the use of assisted reproduction, and the husband has never openly held out the child as his own.

§1966.__Effect of dissolution of marriage or withdrawal of consent

1.__Prior to placement.__If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.

2.__Withdrawal of consent.__The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record and by delivery of a written notice of withdrawal of consent to the woman who intends to give birth to the child born of assisted reproduction at any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.

Comment

(This is section 706 of the UPA.)