406.091 Ratification of unchallenged acknowledgment of paternity -- Genetic tests

397 words·~2 min read·/ky/406-091

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

to include tests for inherited characteristics -- Appointment of examiner of

genetic markers -- Genetic testing in contested paternity case -- Admissibility

of test results -- Additional tests -- Costs.

(1)An unchallenged acknowledgment of paternity shall be ratified under KRS Chapter

213 without the requirement for judicial or administrative proceedings. If a genetic

test is required, the court shall direct that inherited characteristics be determined by

appropriate testing procedures, and shall appoint an expert qualified as an examiner

of genetic markers to analyze and interpret results and to report to the court.

(2)In a contested paternity case, the child and all other parties shall submit to genetic

testing upon a request of any such party which shall be supported by a sworn

statement of the party, except for good cause.

(3)Genetic test results are admissible and shall be weighed along with other evidence

of the alleged father's paternity.

(4)Any objection to genetic testing results shall be made in writing to the court within

twenty

(20)days of receipt of genetic test results. If the results of genetic tests or

the expert's analysis of inherited characteristics is disputed, the court, upon

reasonable request of a party, shall order that an additional test be made by the same

laboratory or independent laboratory at the expense of the party requesting

additional testing. If no objection is made, the test results are admissible as

evidence of paternity without the need for foundation testimony or other proof of

authenticity or accuracy.

(5)Verified documentation of the chain of custody in transmitting the blood specimens

is competent evidence to establish the chain of custody.

(6)A verified expert's report shall be admitted at trial unless the expert is called by a

party or the court as a witness to testify to his or her findings.

(7)Except where the Office of the Attorney General administratively orders genetic

testing, all costs associated with genetic testing shall be paid by the party who

requested that the action be brought pursuant to KRS 406.021.

(8)When administratively ordered, the Office of the Attorney General shall pay the

cost of genetic testing to establish paternity, subject to recoupment from the alleged

father when paternity is established. The Office of the Attorney General shall obtain

additional testing in any case if an original test is contested, upon request and

advance payment by the contestant.