§1882. Challenge to presumed parent
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 7/1/16)
1. Two-year limitation.
Except as provided in subsection 2, a proceeding to challenge the parentage of an
individual whose parentage is presumed under section 1881 must be commenced not later
than 2 years after the birth of the child; otherwise the presumption cannot be rebutted.
[
2015, c. 296, Pt. A, §1 (NEW);
2015, c. 296, Pt. D, §1 (AFF)
.]
2. Later than 2 years.
A proceeding to challenge the parentage of an individual whose parentage is presumed
under section 1881 may be commenced more than 2 years after the birth of the child
in the following situations.
A. A presumed parent under section 1881, subsection 1 who is not the genetic parent of
a child and who could not reasonably have known about the birth of the child may commence
a proceeding under this subsection within 2 years after learning of the child's birth. [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
B. An alleged genetic parent who did not know of the potential genetic parentage of a
child, and who could not reasonably have known on account of material misrepresentation
or concealment, may commence a proceeding under this subsection within 2 years after
discovering the potential genetic parentage. If the individual is adjudicated to
be the genetic parent of the child, the court may not disestablish a presumed parent
and, consistent with section 1853, subsection 2, the court shall determine parental
rights and responsibilities of the parents in accordance with section 1653. [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
C. A mother or a presumed parent under section 1881, subsection 3 disputing the validity
of the presumption may commence a proceeding under this subsection at any time. [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
[
2015, c. 296, Pt. A, §1 (NEW);
2015, c. 296, Pt. D, §1 (AFF)
.]
SECTION HISTORY
2015, c. 296, Pt. A, §1 (NEW).
2015, c. 296, Pt. D, §1 (AFF).
