(a) Except as otherwise provided in subsection (b) of this section, a spouse may commence a proceeding to challenge his or her parentage of a child born by assisted reproduction during the marriage within two (2) years after the birth of the child if the court finds that the spouse did not consent to the assisted reproduction before, on, or after the birth of the child or that the spouse withdrew consent pursuant to § 15-8.1-706. (b) A spouse or the individual who gave birth to the child may commence a proceeding to challenge the spouse’s parentage of a child born by assisted reproduction at any time if the court determines: (1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction; (2) The spouse and the individual who gave birth to the child have not cohabited since the probable time of assisted reproduction; and (3) The spouse never openly held out the child as his or her child. (c) This section shall apply to a spouse’s dispute of parentage even if the marriage is declared invalid after assisted reproduction occurs.
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