The court shall find that an individual who is the presumed parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, is not the parent of the child and that the presumption is rebutted if: (1)(a) The individual provided the gametes used in the assisted reproduction; (b) The individual challenges the presumption within two years following the birth of the child; and (c) The court finds that the individual did not consent to the assisted reproduction before, on or after the birth of the child or withdrew consent as provided in ORS 109.216; or (2)(a) The individual did not provide the gametes used in the assisted reproduction; (b) The individual did not consent to the assisted reproduction; (c) The individual and the parent who gave birth to the child have not cohabited since the date of the transfer that resulted in the pregnancy; and (d) The individual never openly held out the child as the individuals child.
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