1.__Release of report.__The report of genetic testing for parentage may not be released except as provided in this subchapter.

2.__Intentional release of identifiable specimen.__An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a Class E crime.

Comment

(This is section 511 of the UPA.)

This section seeks to protect the privacy rights of persons who are tested for a parentage determination. Although the Drafting Committee was not informed of an instance in which a paternity-testing laboratory had released samples or performed unauthorized testing, several states have proposed or passed laws regulating the "genetic privacy" of paternity tests. This section is intended to provide some guidance in this area. The term "identifiable specimen" is included, as there are beneficial uses of samples for anonymous research purposes. For example, the frequency tables used to make calculations are compiled from anonymous data and provide a more precise calculation for all persons involved in paternity testing. On occasion, a court may order the laboratory to release samples. For instance, a man who had been tested in one paternity proceeding and then dies may have his samples utilized in another paternity proceeding if a court orders testing in the second action. Courts have also ordered the release of samples when the tested man has allegedly engaged in criminal conduct. This has occurred when the alleged father has sent an imposter for sample collection. If the state pursues criminal charges, a court might order the laboratory to release the samples to a state crime laboratory for further identification and possible criminal prosecution.

The Drafting Committee was informed that in one case, a grand jury brought indictments for multiple counts of a scheme to defraud, tampering with physical evidence and perjury against the alleged father and the imposter. The results of genetic testing for paternity purposes appear to have no medical or predictive value in any other context. Thus, regulation of the paternity- test results is left to the states. In some states, the records of paternity proceedings are open, thus allowing anyone to obtain the results. A more comprehensive treatment on this subject must necessarily be left to other laws.