2006 New Mexico Statutes - Section 40-11-12 — Blood and genetic tests.

40-11-12. Blood and genetic tests.

A.     The court may, and upon request of a party shall, require the child, mother or alleged father to submit to blood or genetic tests, including deoxyribonucleic acid (DNA) probe technique tests.   

B.     The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of blood types or qualified as experts in the administration of genetic tests, including deoxyribonucleic acid (DNA) probe technique tests.   

C.     In all cases, the court shall determine the number and qualifications of the experts. This accreditation of the testing facility must be admissible without the need for foundation testimony or other proof of authenticity or accuracy unless an objection has been made in writing not later than twenty days before a hearing on the testing results. The court shall admit into evidence, for purposes of establishing paternity, the results of any genetic test that is of a type generally acknowledged as reliable by accreditation bodies designated by the secretary of human services and performed by a laboratory approved by such an accreditation body unless an objection has been made in writing not later than twenty days before a hearing, at which the results may be introduced into evidence.   

D.     If a putative father refuses to comply with an order for testing pursuant to this section, the court shall enter a judgment of parentage against him.   

E.     If the mother refuses to comply with an order for testing pursuant to this section, the court may dismiss the case without prejudice.