N.Y. Family Court Act § 581-305: Limitation on spouses' dispute of parentage of child of assisted reproduction

§ 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

spouses:

(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.