25-807

25-807. Precedence of maternity and paternity
proceedings; delay for paternity tests; court order; evidentiary
use; alternative tests; out-of-state orders; immunity

A. Proceedings to establish maternity and paternity have precedence over other
civil proceedings. The case shall be set for trial within sixty days from the filing of
an answer by the respondent.

B. A delay in determining paternity in an action commenced before the birth of the
child shall be granted until after the birth of the child for purposes of paternity tests
if any party to the proceedings requests.

C. The court, on its own motion or on motion of any party to the proceedings, shall
order the mother, her child or children and the alleged father to submit to genetic
testing and shall direct that inherited characteristics to determine parentage, including
blood and tissue type, be determined by appropriate testing procedures conducted by an
accredited laboratory. If the mother is unavailable or fails to cooperate by refusing to
submit to genetic testing, testing of the alleged father and child or children may be
appropriate. An expert duly qualified as an examiner of genetic markers shall be agreed
on by the parties or appointed by the court to analyze and interpret the results and
report to the court.

D. If the results of the genetic tests indicate that the likelihood of the alleged
father's paternity is ninety-five per cent or greater, the alleged father is presumed to
be the parent of the child and the party opposing the establishment of the alleged
father's paternity shall establish by clear and convincing evidence that the alleged
father is not the father of the child.

E. The examiner's report shall be admitted at trial unless a timely written
challenge to the examiner's report is filed with the court within twenty days of the date
the report was filed with the court. If the results of the examiner's report have been
challenged and on the reasonable request of a party, the court shall order an additional
test to be made by the same laboratory or an independent laboratory at the expense of the
party requesting additional testing.

F. If a timely written challenge is not filed pursuant to subsection E, the
examiner's report is admissible in evidence without the need for foundation testimony or
other proof of authenticity or accuracy.

G. The court, on application of either party, shall determine the proportion and
time in which the initial test costs shall be paid.

H. On motion of a party to the proceedings, the court may order that experts
perform alternative or additional tests including medical, scientific and genetic tests.

I. Either party may apply for summary judgment on the issue of paternity.

J. A state or local agency in this state, including the department of economic
security, the state department of corrections and any other correctional facility that
has custody of a person who is the subject of the genetic testing order, shall treat a
genetic testing order issued in another state that appears to be in good order as if it
were issued by a court of this state.

K. Notwithstanding any other law, an agency, agency employee or agency contractor
that acts in good faith to cooperate in obtaining genetic testing samples under this
section is not subject to civil or criminal liability.