(2) the standards promulgated by the various accrediting bodies (American Association of Blood Banks and the American Society for Histocompatibility and Immunogenetics) will, in reality, set the benchmark for genetic testing;

(3) the 99% standard is consistent with the standards of the plurality of American jurisdictions as of December, 2000;

(4) a standard higher than 99% could cause evidentiary problems in probate proceedings because of degraded specimens. Similarly, that problem may arise in cases involving one or more missing individuals, e.g., the mother is not available, but the child and alleged father are available;

(5) the percentage is an evidentiary presumption that the respondent may always challenge by requesting a second test under §507; and

(6) a proceeding to adjudicate paternity is a civil action based on a preponderance of the evidence, not a criminal action based on evidence beyond reasonable doubt.

§1906.__Costs of genetic testing

1.__Costs advanced.__Subject to assessment of costs under subchapter 6, the cost of initial genetic testing must be advanced:

A.__By a support enforcement agency in a proceeding in which the support enforcement agency is providing services;

B.__By the individual who made the request;

C.__As agreed by the parties; or

D.__As ordered by the court.

2.__Reimbursement.__In cases in which the cost is advanced by the support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.

Comment