Section 26-17-12

Genetic tests; selection and compensation of experts; admissibility.

(a) Upon application of the defendant in a paternity proceeding or any other party to the action, the court shall order the mother, child, and defendant to submit to genetic tests to assist the court in determining paternity of the child. The state shall pay the cost of such tests for Title IV-D recipients subject to recoupment from the father if paternity is established. Additional testing may be ordered in any case if an original test result is contested, upon request and advanced payment by the contestant. Whenever the court orders any genetic test to be performed and any of the persons whose genetic sample is to be taken and tested refuses to submit to the test, that fact shall be disclosed upon the trial, unless good cause is shown for not doing so.

(b) Any tests shall be made by an expert qualified in genetic testing who shall be approved by the court. The expert may be called by the court or any party as a witness to testify to the genetic test results and shall be subject to cross-examination by the parties. The genetic test results may be admitted into evidence by the defendant, the plaintiff, or the state. Genetic testing methods include, but are not limited to, the human leukocyte antigen test. The results of any and all genetic tests shall be made available to the court.

(c) Any objection to the admission into evidence or objection to the reliability of any genetic testing results performed on the parties shall be made in writing by the party contesting the admission at least 15 days prior to any hearing at which the results may be introduced into evidence. In the event the results of any genetic test are not made available in time for the party to submit a written objection as provided above, the court shall grant a request for continuance of the proceedings to allow the party adequate time to make a proper objection under this section. If the results of any test were available to a party in time for the party to object to the genetic test results within 15 days and no objection was made, or if a request for a continuance is not made prior to or at the hearing as provided in the preceding sentence, the test results shall be admissible into evidence without the need for foundation testimony or any other proof of authenticity or accuracy.

(d) Compensation of each expert witness shall be paid as the court shall order. The court shall order said compensation to be paid prior to the administration of the genetic test.

(Acts 1984, No. 84-244, p. 375, §12; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-447, p. 772, §11.)