Title 19, Chapter 7, Section 46
( 19-7-46)
(a) The results of medical tests and comparisons ordered by the
court, including the statistical likelihood of the alleged parent's
parentage, if available, unless a party to the paternity genetic
test objects in writing at least 30 days prior to a hearing at which
the results of the testing may be introduced into evidence, shall be
admitted in evidence without the need for foundation testimony or
other proof of authenticity or accuracy. When an objection is filed
at least 30 days prior to a hearing at which the results may be
introduced into evidence, the results of medical tests and
comparisons ordered by the court including the statistical
likelihood of the alleged parent's parentage, if available, shall be
admitted in evidence when offered by a duly qualified, licensed
practicing physician, duly qualified immunologist, duly qualified
geneticist, or other duly qualified person. (b) There shall exist a rebuttable presumption of paternity of a
child born out of wedlock if there has been performed scientifically
credible parentage-determination genetic testing which establishes
at least a 97 percent probability of paternity. The rebuttable
presumption of paternity can be overcome by the presentation of
clear and convincing evidence as determined by the trier of fact.
Parentage-determination testing shall include, but not necessarily
be limited to, red cell antigen, human leucocyte antigen (HLA), red
cell enzyme, and serum protein electrophoresis tests or testing by
deoxyribonucleic acid (DNA) probes. (c) Evidence of a refusal to submit to a genetic test or other
ordered medical or anthropological test is admissible to show that
the alleged father is not precluded from being the father of the
child. (d) An expert's opinion concerning the time of conception is as
admissible as is other expert testimony. (e) Testimony relating to sexual access to the mother by any person
on or about the probable time of conception of the child is
admissible in evidence. (f) Other relevant evidence shall be admitted as is appropriate. |