2019 US Virgin Islands Code
Title 16 - Domestic Relations
Chapter 11 - Establishing Paternity
§ 293. Court and administrative paternity establishment

(a) Proceedings under this chapter may be instituted by (1) any female resident of the Virgin Islands who has delivered an out-of-wedlock child or by (2) any male resident of the Virgin Islands who is alleging to be the father of an out-of-wedlock child, or (3) any legal custodian of an out-of-wedlock child. Proceedings herein can be instituted at any time before a child's eighteenth birthday, including any child for whom a paternity action was previously dismissed under a statute of limitations of less than eighteen (18) years, or before the birth of a child, which, if born alive, would be born out-of-wedlock.

(b) No proceeding for the support of a child still unborn shall be instituted unless the mother files a certificate from a duly authorized physician to the effect that she is pregnant.

(c) The Attorney General, on behalf of the Government of the Virgin Islands, may:

• (1) if the mother of a child born out-of-wedlock is deceased or neglects to institute a proceeding, or having instituted it fails to pursue to completion; or

• (2) if proceeding pursuant to provisions of the Uniform Interstate Family Support Act set forth in Title 16, chapter 13, subchapter II of this Code; or

• (3) if proceeding on behalf of an person receiving services from the Paternity and Child Support Division, institute a proceeding under this chapter against a person accused of begetting a child born out-of-wedlock, or may take up and continue a proceeding begun by the mother of the child born out-of-wedlock.

(d) Proceedings under this chapter are commenced by the filing of a petition before the court or the hearing officer alleging that the person named as the respondent, or the petitioner if the petitioner is a person alleging to be the child's father, is the father of the child born out-of-wedlock, and requesting such other and further relief as may be appropriate under the circumstances.

(e) If both parties to a proceeding under this section appear before the court or hearing officer and consent to the establishment of paternity of a child born out-of-wedlock, a respective order establishing paternity shall be issued. If a duly served defendant to a proceeding under this section fails to file an answer or otherwise appear in response to a petition commenced pursuant to this section within the time prescribed by law or rules of practice of the court or hearing officer, the court or hearing officer shall enter judgment against the party by default.

(f) In a contested paternity action, the court or hearing officer, on its own motion, or on the motion of any party to the action shall order the mother, the putative father and the child or children to submit to blood, genetic or DNA tests by a duly qualified physician or laboratory. The written report of blood, genetic or DNA test results, as attested to by the testing agent, concerning the paternity shall be admissible without the need for any foundation testimony or other proof of authenticity or accuracy, unless a written objection is filed with the court or hearing officer and served upon the parties to the action not more than 20 days after receipt of a copy of the report, but in no event less than 10 days before any hearing at which the test results may be introduced into evidence. The court shall have exclusive jurisdiction over any hearing scheduled in response to a timely filed written objection, and, within 60 days of the filing of such objection, shall issue (1) a ruling on the admissibility of the test results, and (2) assess costs of the hearing in favor of the prevailing party. If the court determines the test results to be admissible, the action, if originating before the hearing officer, shall be transferred to the hearing officer for final resolution. If the court determines the test results to be inadmissible, new genetic tests shall be ordered. The Government of the Virgin Islands shall pay for the initial cost of genetic tests in all actions initiated by the Paternity and Child Support Division. The court or hearing officer, at the conclusion of any proceeding under this chapter, may assess the cost of the genetic test in favor of the prevailing party, provided that the cost shall not be assessed against any party who is receiving public assistance pursuant to the State plan for Temporary Assistance to Needy Families (TANF) or Medicaid. Additional testing in any case where the original test result is contested, and a ruling on admissibility is pending, shall not be ordered unless the contestant files a request for additional testing and provides advance payment for test costs.

(g) Test results, ordered and admitted pursuant to subsection (f) of this section, shall constitute a conclusive presumption of paternity if the test results indicate a statistical probability of paternity of 99% or higher, and such test outcome shall have the same result as a court or hearing officer's judgment establishing paternity.