26.26.715  <<  26.26.720 >>   26.26.725

Child of assisted reproductionLimitation on dispute of parentage. (Effective until January 1, 2019.)

(1) Except as otherwise provided in subsection (2) of this section, a spouse or domestic partner of a woman who gives birth to a child by means of assisted reproduction, or a spouse or domestic partner of a man who has a child by means of assisted reproduction, may not challenge his or her parentage of the child unless:
(a) Within four years after learning of the birth of the child the person commences a proceeding to adjudicate his or her parentage. In actions commenced more than two years after the birth of the child, the child must be made a party to the action; and
(b) The court finds that the person did not consent to the assisted reproduction, before or after birth of the child.
(2) A proceeding to adjudicate parentage may be maintained at any time if the court determines that:
(a) The spouse or domestic partner did not provide gametes for, or before or after the birth of the child consent to, assisted reproduction by his or her spouse or domestic partner;
(b) The spouse or domestic partner and the parent of the child have not cohabited since the probable time of assisted reproduction; and
(c) The spouse or domestic partner never openly held out the child as his or her own.
(3) The limitation provided in this section applies to a marriage or domestic partnership declared invalid after assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.
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