(This is section 509 of the UPA.)

In some states, the court with jurisdiction to adjudicate parentage may lack authority to order disinterment of a deceased individual. If so, that authority is provided by this section.

§1910.__Identical brothers

1.__Genetic testing of brother.__The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.

2.__Nongenetic evidence.__If each brother satisfies the requirements as the identified father of the child under section 1905 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.

Comment

(This is section 510 of the UPA.)

This section refers to "identical brothers" rather than "identical twins" to account for the possibility of identical triplets, etc. In some cases, non-identical brothers (and even other related men) will not be excluded after initial genetic testing. This section should not be used to resolve those cases because more sophisticated genetic testing can differentiate between non-identical siblings. If a case occurs in which, after initial testing, two men are not excluded, both men should be ordered to submit to additional testing as provided in § 505(c) to determine which is the father. In the extremely rare case in which a competent laboratory exhausts all of its in-house testing and still cannot determine which non-identical sibling is excluded, the common practice is to provide the genetic material to another laboratory for more extensive testing to resolve the case.

Contrasting identical brothers with non-identical brothers, identical brothers can never be differentiated by additional genetic testing. This creates a completely different situation for the court. This section resolves the identical-brother conundrum as much as possible, and is designed to prevent the court from simply dismissing the case.