2006 New York Code - Genetic Marker And Dna Tests; Admissibility Of Records Or Reports Of Test Results; Costs Of Tests.



 
    §  418.  Genetic  marker  and  DNA  tests; admissibility of records or
  reports of test results; costs of tests.   (a) The  court,  on  its  own
  motion  or motion of any party, when paternity is contested, shall order
  the mother, the child and the alleged father to submit to  one  or  more
  genetic  marker  or DNA marker tests of a type generally acknowledged as
  reliable by an accreditation body designated by  the  secretary  of  the
  federal  department  of  health  and  human  services and performed by a
  laboratory  approved  by  such  an  accreditation  body   and   by   the
  commissioner  of  health  or by a duly qualified physician to aid in the
  determination of whether the alleged father is or is not the  father  of
  the  child.  No  such  test  shall  be  ordered, however, upon a written
  finding by the court that it is not in the best interests of  the  child
  on  the  basis of res judicata, equitable estoppel or the presumption of
  legitimacy of a child born to a married woman. The record or  report  of
  the  results of any such genetic marker or DNA test shall be received in
  evidence,  pursuant  to  subdivision  (e)  of  rule  forty-five  hundred
  eighteen  of  the civil practice law and rules where no timely objection
  in writing has been made thereto. Any order  pursuant  to  this  section
  shall  state  in  plain  language that the results of such test shall be
  admitted into evidence, pursuant to rule forty-five hundred eighteen  of
  the  civil  practice  law and rules absent timely objections thereto and
  that if such timely objections are not made, they shall be deemed waived
  and shall not be heard by the court.  If the record or report of results
  of any such genetic marker or DNA test or  tests  indicate  at  least  a
  ninety-five  percent  probability  of  paternity,  the admission of such
  record or report shall create a  rebuttable  presumption  of  paternity,
  and,  if  unrebutted, shall establish the paternity of and liability for
  the support of a child pursuant to this article and article five of this
  act.
    (b) Whenever the court directs a genetic marker or DNA  test  pursuant
  to  this  section,  a report made as provided in subdivision (a) of this
  section may be received in evidence pursuant to rule forty-five  hundred
  eighteen of the civil practice law and rules if offered by any party.
    (c)  The  cost of any test ordered pursuant to subdivision (a) of this
  section shall be, in the first instance, paid by the  moving  party.  If
  the  moving  party is financially unable to pay such cost, the court may
  direct any qualified public health officer  to  conduct  such  test,  if
  practicable;  otherwise,  the court may direct payment from the funds of
  the  appropriate  local  social  services  district.  In  its  order  of
  disposition,  however,  the  court  may direct that the cost of any such
  test be apportioned between the parties according  to  their  respective
  abilities  to  pay or be assessed against the party who does not prevail
  on the issue of paternity, unless such party is  financially  unable  to
  pay.

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