13 Del. C. § 8-705
This is the official text of 13 Del. C. § 8-705, part of Delaware’s Del. C — part of the compiled statutory law of Delaware, published by the state as "Del. C." Browse the sections below, each linked to its official government source.
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§ Â 8-705. Limitation on husbandâs dispute of paternity.
Official statutory text
(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(2) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.
(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(1) The husband did not provide sperm for, or before or after the birth of the child consent to assisted reproduction by his wife;
(2) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) The husband never openly held out the child as his own.
(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(2) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.
(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(1) The husband did not provide sperm for, or before or after the birth of the child consent to assisted reproduction by his wife;
(2) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) The husband never openly held out the child as his own.
(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
Status: in_force · Read it on the official government site
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