§584-11  Genetic tests.  (a)  The court
may, and upon request of a party, shall, require the child, mother, or alleged
father to submit to genetic tests, including blood tests.  If the requesting
party is the mother or the alleged father, the court shall require that the
request be made pursuant to a sworn statement.  The sworn statement made by the
party must either:



(1)  Allege paternity setting forth facts establishing
a reasonable possibility of the requisite sexual contact between the parties;
or



(2)  Deny paternity setting forth facts establishing a
reasonable possibility of the non-existence of sexual contact between the
parties.  The testing utilized must have a power of exclusion greater than
ninety-nine point zero per cent (99.0%) and a minimum combined paternity index
of five hundred to one, and shall be performed by an expert qualified as an
examiner of genetic markers, appointed by the court.  The laboratory performing
the testing shall be one approved by an accreditation body designated by the United
States Secretary of Health and Human Services.



(b)  The court, upon reasonable request by a
party, shall order that independent tests be performed by other experts
qualified as examiners of genetic markers.



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



(d)  "Genetic test" means the testing
of inherited or genetic characteristics (genetic markers) and includes blood
testing for paternity purposes.



(e)  In any trial brought under this chapter, a
report of the facts and results of genetic tests ordered by the court under
this chapter shall be admissible in evidence by affidavit of the person whose
name is signed to the report, attesting to the procedures followed in obtaining
the report.  A report of the facts and results of genetic tests shall be
admissible as evidence of paternity without the need for foundation testimony
or other proof of authenticity or accuracy, unless objection is made.  The
genetic testing performed shall be of a type generally acknowledged as reliable
by accreditation bodies designated by the United States Secretary of Health and
Human Services.  An alleged parent or party to the paternity action who objects
to the admission of the report concerning the genetic test results must file a
motion no later than twenty days after receiving a copy of the report and shall
show good cause as to why a witness is necessary to lay the foundation for the
admission of the report as evidence.  The court may, sua sponte, or at a
hearing on the motion determine whether a witness shall be required to lay the
foundation for the admission of the report as evidence.  The right to call
witnesses to rebut the report is reserved to all parties.



(f)  Should an original test result be
contested, the court shall order further genetic testing with payment of the
testing to be advanced and paid for by the contesting party. [L 1975, c 66, pt
of §1; am L 1989, c 34, §1; am L 1992, c 139, §1; am L 1994, c 27, §1; am L
1997, c 293, §43]



 



Rules of Court



 



  Physical and mental examinations, see HFCR rule 35.