§1912. Authority to deny requested order for genetic testing or admission of test results
1. Grounds for denial.
In a proceeding to adjudicate parentage, the court may deny a motion seeking an order
for genetic testing or deny admissibility of the test results at trial if the court
determines that:
A. The conduct of the parties estops a party from denying parentage; or [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
B. It would be an inequitable interference to the relationship between the child and
a parent or otherwise contrary to the best interest of the child. [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
[
2015, c. 296, Pt. A, §1 (NEW);
2015, c. 296, Pt. D, §1 (AFF)
.]
2. Factors.
In determining whether to deny a motion seeking an order for genetic testing under
this chapter or a request for admission of such test results at trial, the court shall
consider the best interest of the child, including the following factors, if relevant:
A. The length of time between the proceeding to adjudicate parentage and the time that
a parent was placed on notice that genetic parentage is at issue; [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
B. The length of time during which the parent has assumed a parental role for the child; [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
C. The facts surrounding discovery that genetic parentage is at issue; [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
D. The nature of the relationship between the child and the parent; [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
E. The age of the child; [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
F. Any adverse effect on the child that may result if parentage is successfully disproved; [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
G. The nature of the relationship between the child and any alleged parent; [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
H. The extent to which the passage of time reduces the chances of establishing the parentage
of another person and a child support obligation in favor of the child; and [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
I. Factors in addition to those in paragraphs A to H that may affect the equities arising
from the disruption of the relationship between the child and the parent or the chance
of other adverse effect to the child. [2015, c. 296, Pt. A, §1 (NEW); 2015, c. 296, Pt. D, §1 (AFF).]
[
2015, c. 296, Pt. A, §1 (NEW);
2015, c. 296, Pt. D, §1 (AFF)
.]
3. Guardian ad litem.
In a proceeding involving the application of this section, a minor or incapacitated
child may be represented by a guardian ad litem.
[
2015, c. 296, Pt. A, §1 (NEW);
2015, c. 296, Pt. D, §1 (AFF)
.]
4. Order.
In cases involving an acknowledged or presumed parent, if the court denies a motion
seeking an order for genetic testing, the court shall issue an order adjudicating
the acknowledged or presumed parent to be the parent of the child.
[
2015, c. 296, Pt. A, §1 (NEW);
2015, c. 296, Pt. D, §1 (AFF)
.]
SECTION HISTORY
2015, c. 296, Pt. A, §1 (NEW).
2015, c. 296, Pt. D, §1 (AFF).