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.

3.__Limitation period.__The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.

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