GENETIC TESTING

§1901.__Scope of subchapter

This subchapter governs genetic testing of an individual to determine parentage, whether the individual:

1.__Voluntary.__Voluntarily submits to testing; or

2.__Pursuant to order.__Is tested pursuant to an order of the court or a support enforcement agency.

Comment

(This is section 501 of the UPA.)

This section is intended to avoid problems with regard to the admissibility of the results of voluntary genetic testing. Testing is often agreed upon to avoid the cost and delay engendered by requiring a proceeding to be filed before the results of genetic testing can be admitted as evidence. If the test excludes the man's paternity, an unnecessary step has been avoided.

§1902.__Order for testing

1.__Order to submit to genetic testing.__Except as otherwise provided in this subchapter and subchapter 6, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:

A.__Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or

B.__Denying parentage and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.

2.__No presumed parent, acknowledged father or adjudicated parent.__A support enforcement agency may order genetic testing only if there is no presumed parent, acknowledged father or adjudicated parent.