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This entry was published on 2021-02-19
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SECTION 581-305
Limitation on spouses' dispute of parentage of child of assisted reproduction
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-C, PART 3
§ 581-305. Limitation on spouses' dispute of parentage of child of
assisted reproduction. (a) Neither spouse may challenge the marital
presumption of parentage of a child created by assisted reproduction
during the marriage unless the court finds by clear and convincing
evidence that one spouse used assisted reproduction without the
knowledge and consent of the other spouse.

(b) Notwithstanding the foregoing, a married individual may use
assisted reproduction and the marital presumption shall not apply if the

(1) are living separate and apart pursuant to a decree or judgment of
separation or pursuant to a written agreement of separation subscribed
by the parties thereto and acknowledged or proved in the form required
to entitle a deed to be recorded; or

(2) have been living separate and apart for at least three years prior
to the use of assisted reproduction.

(c) The limitation provided in this section applies to a spousal
relationship that has been declared invalid after assisted reproduction
or artificial insemination.