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



 
    §  532.  Genetic  marker  and  DNA  tests; admissibility of records or
  reports of test results; costs of tests.  (a) The court shall advise the
  parties of their right to one or more genetic marker tests or DNA  tests
  and,  on  the court's own motion or the motion of any party, shall order
  the mother, her child and the alleged father to submit to  one  or  more
  genetic marker or DNA 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 ordered pursuant  to  this  section  or  pursuant  to
  section  one  hundred  eleven-k  of  the  social  services  law shall be
  received in evidence by the court 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 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 the 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 shall establish,
  if unrebutted, the paternity of and liability for the support of a child
  pursuant to this article and article four 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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