TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 11

PROCEEDINGS TO ESTABLISH PATERNITY

7-1116.  Genetic tests. (1) The court may, and upon request of a party shall, require the child, mother, alleged father, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. The department of health and welfare may order or the individuals may voluntarily agree to such tests. The tests shall be performed by an expert qualified as an examiner of genetic markers. Verified documentation of the chain of custody of the genetic evidence is competent evidence to establish chain of custody. A verified expert’s report prepared by a laboratory approved by the American association of blood banks or other accreditation body shall be admitted at trial unless a challenge to the testing procedures or the genetic analysis has been made twenty-one (21) days before trial. The genetic test report must be served upon the defendant party with the complaint or as soon as it is obtained, and in any event at least twenty-eight (28) days before a trial together with a notice that the genetic test will be admitted unless a challenge to the testing procedures or the genetic analysis has been made by a party at least twenty-one (21) days before trial. A genetic test result with a probability of paternity of at least ninety-eight percent (98%) shall create a rebuttable presumption of paternity.

(2)  The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of genetic markers present on blood cells and components. Additional tests performed by other experts of the same qualifications may be ordered by the court at the expense of the party requesting additional testing.

(3)  In all cases, the court shall determine the number and qualifications of the experts.

(4)  The requesting party shall pay the expense of genetic testing; however, the cost of genetic testing shall be recovered by the prevailing party in the action.

(5)  Whenever the results of the tests exclude any male witness from possible paternity, the tests shall be conclusive evidence of nonpaternity of the male witness. The refusal of any party to submit to the genetic tests shall be disclosed to the court and is subject to the sanctions within the jurisdiction of the court. If the action was brought by the child’s mother, but she refuses to submit herself or the child to genetic tests, the action shall be dismissed.

(6)  Any party calling a male witness for the purpose of testifying that he had sexual intercourse with the mother at any possible time of conception shall provide all other parties with the name and address of the witness twenty (20) days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection, but the party calling the witness failed to provide the twenty (20) day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.

(7)  Any individual may object to such an order of the department of health and welfare by filing an objection with the court.

History:

[7-1116, added 1982, ch. 127, sec. 3, p. 365; am. 1994, ch. 237, sec. 2, p. 747; am. 1995, ch. 234, sec. 4, p. 792; am. 1996, ch. 49, sec. 2, p. 145; am. 1997, ch. 195, sec. 1, p. 552.]