LD 1526
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LR 134
Item 1

 
establish a reliable chain of custody that allows the results of
genetic testing to be admissible without testimony:

 
A.__The names and photographs of the individuals whose
specimens have been taken;

 
B.__The names of the individuals who collected the
specimens;

 
C.__The places and dates the specimens were collected;

 
D.__The names of the individuals who received the specimens
in the testing laboratory; and

 
E.__The dates the specimens were received.

 
Comment

 
(This is section 504 of the UPA.)

 
Source: 42 U.S.C. § 666(a)(5)(F) requiring genetic testing in
certain cases, see Appendix: Federal IV-D Statute Relating to
Parentage, infra.

 
Subsection (b) is designed to indicate that in civil trials
only a minimal showing of reliability of the chain of custody is
needed. This avoids evidentiary problems, such as arguments
modeled on criminal cases in which the chain of evidence is
crucial. If an element of the chain is missing, such a defect may
be corrected by affidavit or other testimony as to the
reliability of the sample. For example, samples from a deceased
individual may be obtained from a coroner's office and a picture
of the individual need not be taken. In this case, proof of the
chain of custody of the body maintained by the coroner may be
provided.

 
§1905.__Genetic testing results; rebuttal

 
1.__Results identify as father.__Under this chapter, a man is
rebuttably identified as the father of a child if the genetic
testing complies with this subchapter and the results disclose:

 
A.__That the man has at least a 99% probability of
paternity, using a prior probability of 0.50, as calculated
by using the combined paternity index obtained in the
testing; and

 
B.__A combined paternity index of at least 100 to 1.

 
2.__Rebuttal.__A man identified under subsection 1 as the
father of the child may rebut the genetic testing results only by


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