A. In the trial of any matter in any court in which the question of parentagearises, the court, upon its own motion or upon motion of either party, mayand, in cases in which child support is in issue, shall direct and order thatthe alleged parents and the child submit to scientifically reliable genetictests including blood tests. The motion of a party shall be accompanied by asworn statement either (i) alleging paternity and setting forth factsestablishing a reasonable possibility of the requisite sexual contact betweenthe parties or (ii) denying paternity.
B. The court shall require the person requesting such genetic test, includinga blood test, to pay the cost. However, if such person is indigent, theCommonwealth shall pay for the test. The court may, in its discretion, assessthe costs of the test to the party or parties determined to be the parent orparents.
C. The results of a scientifically reliable genetic test, including a bloodtest, may be admitted in evidence when contained in a written report preparedand sworn to by a duly qualified expert, provided the written results arefiled with the clerk of the court hearing the case at least fifteen daysprior to the hearing or trial. Verified documentary evidence of the chain ofcustody of the blood specimens is competent evidence to establish the chainof custody. Any qualified expert performing such test outside theCommonwealth shall consent to service of process through the Secretary of theCommonwealth by filing with the clerk of the court the written results. Uponmotion of any party in interest, the court may require the person making theanalysis to appear as a witness and be subject to cross-examination, providedthat the motion is made at least seven days prior to the hearing or trial.The court may require the person making the motion to pay into court theanticipated costs and fees of the witness or adequate security for such costsand fees.
(1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.)
A. In the trial of any matter in any court in which the question of parentagearises, the court, upon its own motion or upon motion of either party, mayand, in cases in which child support is in issue, shall direct and order thatthe alleged parents and the child submit to scientifically reliable genetictests including blood tests. The motion of a party shall be accompanied by asworn statement either (i) alleging paternity and setting forth factsestablishing a reasonable possibility of the requisite sexual contact betweenthe parties or (ii) denying paternity.
B. The court shall require the person requesting such genetic test, includinga blood test, to pay the cost. However, if such person is indigent, theCommonwealth shall pay for the test. The court may, in its discretion, assessthe costs of the test to the party or parties determined to be the parent orparents.
C. The results of a scientifically reliable genetic test, including a bloodtest, may be admitted in evidence when contained in a written report preparedand sworn to by a duly qualified expert, provided the written results arefiled with the clerk of the court hearing the case at least fifteen daysprior to the hearing or trial. Verified documentary evidence of the chain ofcustody of the blood specimens is competent evidence to establish the chainof custody. Any qualified expert performing such test outside theCommonwealth shall consent to service of process through the Secretary of theCommonwealth by filing with the clerk of the court the written results. Uponmotion of any party in interest, the court may require the person making theanalysis to appear as a witness and be subject to cross-examination, providedthat the motion is made at least seven days prior to the hearing or trial.The court may require the person making the motion to pay into court theanticipated costs and fees of the witness or adequate security for such costsand fees.
(1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.)
A. In the trial of any matter in any court in which the question of parentagearises, the court, upon its own motion or upon motion of either party, mayand, in cases in which child support is in issue, shall direct and order thatthe alleged parents and the child submit to scientifically reliable genetictests including blood tests. The motion of a party shall be accompanied by asworn statement either (i) alleging paternity and setting forth factsestablishing a reasonable possibility of the requisite sexual contact betweenthe parties or (ii) denying paternity.
B. The court shall require the person requesting such genetic test, includinga blood test, to pay the cost. However, if such person is indigent, theCommonwealth shall pay for the test. The court may, in its discretion, assessthe costs of the test to the party or parties determined to be the parent orparents.
C. The results of a scientifically reliable genetic test, including a bloodtest, may be admitted in evidence when contained in a written report preparedand sworn to by a duly qualified expert, provided the written results arefiled with the clerk of the court hearing the case at least fifteen daysprior to the hearing or trial. Verified documentary evidence of the chain ofcustody of the blood specimens is competent evidence to establish the chainof custody. Any qualified expert performing such test outside theCommonwealth shall consent to service of process through the Secretary of theCommonwealth by filing with the clerk of the court the written results. Uponmotion of any party in interest, the court may require the person making theanalysis to appear as a witness and be subject to cross-examination, providedthat the motion is made at least seven days prior to the hearing or trial.The court may require the person making the motion to pay into court theanticipated costs and fees of the witness or adequate security for such costsand fees.
(1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.)
