38-1118.Genetic tests to determine paternity; order of court;refusal to submit to tests; expert witnesses.(a) Whenever the paternity of achild is in issue in any action or judicial proceeding in which the child,mother and alleged father are parties, the court, upon its own motion orupon motion of any party to the action or proceeding, shall order themother, child and alleged father to submit to genetic tests. If anaction is filed by the secretary of social and rehabilitation services underK.S.A. 39-755 or 39-756, and amendments thereto, the court shall order genetictests on the motion of the secretary of social and rehabilitation servicesor any party to the action if paternity of the child is in issue. If anyparty refuses to submit to the tests,the court may resolve the question of paternity against the party or enforceits order if the rights of others and the interests of justice so require.The tests shall be made by experts qualified as genetic examinerswho shall be appointed by the court.
(b) Parties to an action may agree to conduct genetic tests prior to orduring the pendency of an action for support of a child. The verified writtenreport of the experts shall be admitted into evidence as provided in subsection(c) unless the court finds that paternity of the child is not in issue.
(c) The verified written report of the experts shallbeconsidered to be stipulated to by all parties unless written notice ofintent to challenge the validity of the report is given to all parties not morethan 20 days after receipt of a copyofthe report but in no event less than 10 days before any hearing at which thegenetic test resultsmay be introduced into evidence. If such notice is given, the experts shallbe called by the court as witnesses to testify as to their findings andshall be subject to cross-examination by the parties. Any party may demand that otherexperts, qualified as genetic examiners,perform independent testsunder order of the court, the results of which may be offered in evidence.The number and qualification of the other experts shall be determined by thecourt.If no challenge is made, the genetic test results shall be admissible asevidence of paternity without the need for foundation testimony or other proofof authenticity or accuracy.
History: L. 1985, ch. 114, § 9;L. 1991, ch. 110, § 1;L. 1994, ch. 292, § 8; July 1.
38-1118.Genetic tests to determine paternity; order of court;refusal to submit to tests; expert witnesses.(a) Whenever the paternity of achild is in issue in any action or judicial proceeding in which the child,mother and alleged father are parties, the court, upon its own motion orupon motion of any party to the action or proceeding, shall order themother, child and alleged father to submit to genetic tests. If anaction is filed by the secretary of social and rehabilitation services underK.S.A. 39-755 or 39-756, and amendments thereto, the court shall order genetictests on the motion of the secretary of social and rehabilitation servicesor any party to the action if paternity of the child is in issue. If anyparty refuses to submit to the tests,the court may resolve the question of paternity against the party or enforceits order if the rights of others and the interests of justice so require.The tests shall be made by experts qualified as genetic examinerswho shall be appointed by the court.
(b) Parties to an action may agree to conduct genetic tests prior to orduring the pendency of an action for support of a child. The verified writtenreport of the experts shall be admitted into evidence as provided in subsection(c) unless the court finds that paternity of the child is not in issue.
(c) The verified written report of the experts shallbeconsidered to be stipulated to by all parties unless written notice ofintent to challenge the validity of the report is given to all parties not morethan 20 days after receipt of a copyofthe report but in no event less than 10 days before any hearing at which thegenetic test resultsmay be introduced into evidence. If such notice is given, the experts shallbe called by the court as witnesses to testify as to their findings andshall be subject to cross-examination by the parties. Any party may demand that otherexperts, qualified as genetic examiners,perform independent testsunder order of the court, the results of which may be offered in evidence.The number and qualification of the other experts shall be determined by thecourt.If no challenge is made, the genetic test results shall be admissible asevidence of paternity without the need for foundation testimony or other proofof authenticity or accuracy.
History: L. 1985, ch. 114, § 9;L. 1991, ch. 110, § 1;L. 1994, ch. 292, § 8; July 1.
38-1118.Genetic tests to determine paternity; order of court;refusal to submit to tests; expert witnesses.(a) Whenever the paternity of achild is in issue in any action or judicial proceeding in which the child,mother and alleged father are parties, the court, upon its own motion orupon motion of any party to the action or proceeding, shall order themother, child and alleged father to submit to genetic tests. If anaction is filed by the secretary of social and rehabilitation services underK.S.A. 39-755 or 39-756, and amendments thereto, the court shall order genetictests on the motion of the secretary of social and rehabilitation servicesor any party to the action if paternity of the child is in issue. If anyparty refuses to submit to the tests,the court may resolve the question of paternity against the party or enforceits order if the rights of others and the interests of justice so require.The tests shall be made by experts qualified as genetic examinerswho shall be appointed by the court.
(b) Parties to an action may agree to conduct genetic tests prior to orduring the pendency of an action for support of a child. The verified writtenreport of the experts shall be admitted into evidence as provided in subsection(c) unless the court finds that paternity of the child is not in issue.
(c) The verified written report of the experts shallbeconsidered to be stipulated to by all parties unless written notice ofintent to challenge the validity of the report is given to all parties not morethan 20 days after receipt of a copyofthe report but in no event less than 10 days before any hearing at which thegenetic test resultsmay be introduced into evidence. If such notice is given, the experts shallbe called by the court as witnesses to testify as to their findings andshall be subject to cross-examination by the parties. Any party may demand that otherexperts, qualified as genetic examiners,perform independent testsunder order of the court, the results of which may be offered in evidence.The number and qualification of the other experts shall be determined by thecourt.If no challenge is made, the genetic test results shall be admissible asevidence of paternity without the need for foundation testimony or other proofof authenticity or accuracy.
History: L. 1985, ch. 114, § 9;L. 1991, ch. 110, § 1;L. 1994, ch. 292, § 8; July 1.
