(1) 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 the husband's paternity of the child unless: (a) within two years after learning of the birth of the child the husband commences a proceeding to adjudicate the husband's paternity; and (b) the tribunal finds that the husband did not consent to the assisted reproduction, before or after the birth of the child. (2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal determines that: (a) the husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by the husband's wife; (b) the husband and the birth mother of the child have not cohabited since the probable time of assisted reproduction; and (c) the husband never openly treated the child as the husband's own. (3) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
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