State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-132_2

§ 110‑132.2. Expedited procedures to establish paternity in IV‑D cases.

(a)        In a IV‑D court action, a local child supportenforcement office may, without obtaining a court order, subpoena a minorchild, the minor child's mother, and the putative father of the minor child(including the mother's husband, if different from the putative father) toappear for the purpose of undergoing blood or genetic testing to establishpaternity. A subpoena issued pursuant to this section must be served inaccordance with Rule 4 of the North Carolina Rules of Civil Procedure. Refusalto comply with a subpoena may be dealt with as for contempt of court, and asotherwise provided under law. A party may contest the results of the genetic orblood test. If the results are contested, the agency shall, upon request andadvance payment by the contestant, obtain additional testing.

(b)        A person subpoenaed to submit to testing pursuant tosubsection (a) of this section may contest the subpoena. To contest thesubpoena, a person must, within 15 days of receipt of the subpoena, request ahearing in the county where the local child support enforcement office thatissued the subpoena is located. The hearing shall be before the district courtand notice of the hearing must be served by the petitioner on all parties tothe proceeding. Service shall be in accordance with Rule 4 of the NorthCarolina Rules of Civil Procedure. The hearing shall be held and adetermination made within 30 days of the petitioner's request for hearing as towhether the petitioner must comply with the subpoena to undergo testing. If thetrial court determines that the petitioner must comply with the subpoena, thedetermination shall not prejudice any defenses the petitioner may present atany future paternity litigation. (1997‑433, s. 4.11; 1998‑17, s. 1.)