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section 1905, an individual who has been tested may be required to | | submit to additional genetic testing. |
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| | | (This is section 503 of the UPA.) |
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| | | Source: 42 U.S.C. §§ 666(a)(5)(B)(i)(I)(II) and | | 666(a)(5)(F)(i)(I)(II), see Appendix: Federal IV-D Statute | | Relating to Parentage, infra. |
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| | | As of December 2000, the Secretary of Health and Human | | Services had not officially designated any accreditation bodies | | as referenced in subsection (b)(3). But, Information Memorandum | | OCSE-IM-97-03, April 10, 1997, from the Deputy Director of the | | Office of Child Support Enforcement identifies the American | | Association of Blood Banks and American Society for | | Histocompatibility and Immunogenetics as meeting this | | requirement. The accreditation requirement assures that the | | testing will "be of a type reasonably relied upon by experts in | | the field of genetic testing." |
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| | | Subsection (b) clarifies that a "specimen" suitable for | | genetic testing may be composed from one of a wide variety of | | constituent elements of "body tissue and fluids." This conforms | | the statutory language to biological terminology to assure common | | understanding between the scientific community and the legal | | profession. In states with statutes employing only the broad | | terms, bench and bar have evidenced confusion about the fact that | | blood, buccal cells, bone, hair, etc. are "body tissues." |
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| | | Subsections (c) and (d) are designed to clarify the use of | | "race or ethnic group" in the paternity calculations. Generally, | | the individual tested provides the information regarding the | | ethnic or racial group to use in the calculations. These sections | | are designed to avoid last minute changes in the racial | | designation, a scientific version of "forum shopping", and to | | easily correct any misunderstanding about which race should be | | used. |
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| | | §1904.__Report of genetic testing |
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| | | 1.__Report; self-authenticating.__A report of genetic testing | | must be in a record and signed under penalty of perjury by a | | designee of the testing laboratory. A report made under the | | requirements of this subchapter is self-authenticating. |
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| | | 2.__Documentation.__Documentation from the testing laboratory | | of the following information is sufficient to |
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