2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 51 - General Provisions
5104 - Blood tests to determine paternity.

     § 5104.  Blood tests to determine paternity.
        (a)  Short title of section.--This section shall be known and
     may be cited as the Uniform Act on Blood Tests to Determine
     Paternity.
        (b)  Scope of section.--
            (1)  Civil matters.--This section shall apply to all
        civil matters.
            (2)  Criminal proceedings.--This section shall apply to
        all criminal proceedings subject to the following limitations
        and provisions:
                (i)  An order for the tests shall be made only upon
            application of a party or on the initiative of the court.
                (ii)  The compensation of the experts shall be paid
            by the party requesting the blood test or by the county,
            as the court shall direct.
                (iii)  The court may direct a verdict of acquittal
            upon the conclusions of all the experts under subsection
            (f). Otherwise, the case shall be submitted for
            determination upon all the evidence.
                (iv)  The refusal of a defendant to submit to the
            tests may not be used in evidence against the defendant.
        (c)  Authority for test.--In any matter subject to this
     section in which paternity, parentage or identity of a child is
     a relevant fact, the court, upon its own initiative or upon
     suggestion made by or on behalf of any person whose blood is
     involved, may or, upon motion of any party to the action made at
     a time so as not to delay the proceedings unduly, shall order
     the mother, child and alleged father to submit to blood tests.
     If any party refuses to submit to the tests, the court may
     resolve the question of paternity, parentage or identity of a
     child against the party or enforce its order if the rights of
     others and the interests of justice so require.
        (d)  Selection of experts.--The tests shall be made by
     experts qualified as examiners of blood types, who shall be
     appointed by the court. The experts shall be called by the court
     as witnesses to testify to their findings and shall be subject
     to cross-examination by the parties. Any party or person at
     whose suggestion the tests have been ordered may demand that
     other experts qualified as examiners of blood types perform
     independent tests under order of court, the results of which may
     be offered in evidence. The number and qualifications of experts
     shall be determined by the court.
        (e)  Compensation of experts.--The compensation of each
     expert witness appointed by the court shall be fixed at a
     reasonable amount. It shall be paid as the court shall order.
     Subject to general rules, the court may order that it be paid by
     the parties in such proportions and at such times as it shall
     prescribe or that the proportion of any party be paid by the
     county and that, after payment by the parties or the county, or
     both, all or part or none of it be taxed as costs in the action.
     Subject to general rules, the fee of an expert witness called by
     a party but not appointed by the court shall be paid by the
     party calling him, but shall not be taxed as costs in the
     action.
        (f)  Effect of test results.--If the court finds that the
     conclusions of all the experts as disclosed by the evidence
     based upon the tests are that the alleged father is not the
     father of the child, the question of paternity, parentage or
     identity of a child shall be resolved accordingly. If the
     experts disagree in their findings or conclusions, the question
     shall be submitted upon all the evidence.
        (g)  Effect on presumption of legitimacy.--The presumption of
     legitimacy of a child born during wedlock is overcome if the
     court finds that the conclusions of all the experts as disclosed
     by the evidence based upon the tests show that the husband is
     not the father of the child.

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