LD 1526
pg. 67
Page 66 of 118 An Act To Enact the Uniform Parentage Act and Conforming Amendments and Additio... Page 68 of 118
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LR 134
Item 1

 
The court shall apply the following provisions to adjudicate
the parentage of a child.

 
1.__Parentage disproved.__The parentage of a child having a
presumed parent, acknowledged father or adjudicated parent may be
disproved only by admissible results of genetic testing excluding
that man as the father of the child or identifying another man as
the father of the child.

 
2.__Identified father adjudicated as father.__Unless the
results of genetic testing are admitted to rebut other results of
genetic testing, a man identified as the father of a child under
section 1905 must be adjudicated the father of the child.

 
3.__Genetic testing not conclusive.__If the court finds that
genetic testing under section 1905 neither identifies nor
excludes a man as the father of a child, the court may not
dismiss the proceeding. In that event, the results of genetic
testing, and other evidence, are admissible to adjudicate the
issue of parentage.

 
4.__Excluded man adjudicated as not father.__Unless the
results of genetic testing are admitted to rebut other results of
genetic testing, a man excluded as the father of a child by
genetic testing must be adjudicated not to be the parent of the
child.

 
5.__Inadmissible evidence.__Testimony relating to sexual
relations or possible sexual relations of the mother at a time
other than the probable time of conception of the child is
inadmissible in evidence.

 
Comment

 
(This is section 631 of the UPA.)

 
Source: UPA (1973) § 14.

 
This section establishes the controlling supremacy of
admissible genetic test results in the adjudication of paternity.
Other matters such as statute of limitations, equitable estoppel
and res judicata may preclude the matter from reaching trial or
the court denying genetic testing. However, if test results are
admissible, those results control unless other test results
create a conflict rebutting the admitted results.

 
Paragraph (3) is included to ensure that the fact a genetic
test does not reach the 99% level decreed in § 505 will not be
perceived as an indicator of an exclusion of paternity. Although
test results that do not reach that level do not create a


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