(1)(a) (I) In any action,
suit, or proceeding in which the parentage of a child is at issue, including but not
limited to actions or proceedings pursuant to section 14-10-122 (6) or 19-4-107.3,
C.R.S., upon motion of the court or any of the interested parties, the court shall
order the alleged mother, the child or children, and the alleged father to submit to
genetic testing and other appropriate testing of inherited characteristics, including
but not limited to blood and tissue type, for the purpose of determining probability
of parentage. If a party refuses to submit to these tests, the court may resolve the
question of parentage against the party to enforce its order if the rights of others
and the interests of justice so require.
(II)A court, pursuant to this section, or de
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(1) (a) (I) In any action,
suit, or proceeding in which the parentage of a child is at issue, including but not
limited to actions or proceedings pursuant to section 14-10-122 (6) or 19-4-107.3,
C.R.S., upon motion of the court or any of the interested parties, the court shall
order the alleged mother, the child or children, and the alleged father to submit to
genetic testing and other appropriate testing of inherited characteristics, including
but not limited to blood and tissue type, for the purpose of determining probability
of parentage. If a party refuses to submit to these tests, the court may resolve the
question of parentage against the party to enforce its order if the rights of others
and the interests of justice so require.
(II) A court, pursuant to this section, or delegate child support enforcement
unit pursuant to section 26-13.5-105, C.R.S., shall not order genetic testing of a
child whose parentage has previously been determined by or pursuant to the law of
another state, but a court may stay a support proceeding for such reasonable time
as determined by the court to allow the party asserting the defense to pursue the
nonparentage claim in the other state.
(b) The tests shall be conducted by a laboratory approved by an
accreditation body designated by the secretary of the federal department of health
and human services, utilizing any genetic test of a type generally acknowledged as
reliable by such accreditation body. Costs of any such expert witness for the first
test administered shall be fixed at a reasonable amount and shall be paid as the
court orders. If the results of the tests or the expert analysis of inherited
characteristics are disputed by any party, the court shall order that an additional
test be made by the same or another laboratory at the expense of the party
disputing the test results or analysis.
(c) Documentation from the testing laboratory of the following information is
sufficient to establish a reliable chain of custody that makes the results of genetic
testing admissible without testimony:
(I) The names and photographs of the individuals from whom specimens have
been taken;
(II) The names of the individuals who collected the specimens;
(III) The places at which and dates on which the specimens were collected;
(IV) The names of the individuals who received the specimens in the testing
laboratory; and
(V) The dates the specimens were received.
(d) A specimen used in genetic testing may consist of one or more samples
or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue
or fluid. The specimen used in the testing need not be of the same kind for each
individual undergoing genetic testing.
(e) Specimens and reports are confidential. An individual who intentionally
releases an identifiable specimen of another individual for any purpose other than
that relevant to the proceeding regarding parentage without a court order or the
written permission of the individual who furnished the specimen commits a class 2
misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501 (1).
(f) A report of genetic testing must be in a record, defined in section 19-1-103, and signed under penalty of perjury by a designee of the testing laboratory. A
report made pursuant to the requirements of this article 25 is self-authenticating.
(g) Under this section, a man is presumed to be the father of a child if the
genetic testing complies with the requirements of this section and the results
disclose that the man is not excluded and that the man has at least a ninety-seven
percent probability of paternity.
(h) A man presumed to be the father of the child pursuant to paragraph (g) of
this subsection (1) may rebut the genetic testing results only by other genetic
testing that satisfies the requirements of this section and that:
(I) Excludes the man as the genetic father of the child; or
(II) Identifies another man as the father of the child.
(i) The presumption of parentage of a child born during a marriage may be
overcome, as provided in section 19-4-105 (2)(a), if the court finds that the
conclusion of the experts conducting the tests, as disclosed by the evidence based
upon the tests, shows that one of the spouses is not the parent of the child.
(2) Any objection to genetic testing results shall be made in writing not less
than fifteen days before the first scheduled hearing at which the results may be
introduced into evidence or fifteen days after motion for summary judgment is
served on such person; except that a person shall object to the genetic testing
results not less than twenty-four hours prior to the first scheduled hearing if such
person did not receive the results fifteen or more days before such hearing. The
test results shall be admissible as evidence of paternity in an action filed pursuant
to article 10 of title 14, C.R.S., article 4 of title 19, C.R.S., or article 13.5 of title 26,
C.R.S., without the need for foundation testimony or other proof of authenticity or
accuracy.
(3) For good cause shown, the court may order genetic testing of a deceased
individual.
(4) The court may order genetic testing of a brother of a man presumed to be
the father of a child if the man is commonly believed to have an identical brother
and evidence suggests that the brother may be the genetic father of the child. If
genetic testing excludes none of the brothers as the genetic father, and each
brother satisfies the requirements as the presumed father of the child under
section 19-4-105, C.R.S., without consideration of another identical brother being
presumed to be the father of the child, the court may rely on nongenetic evidence
to adjudicate which brother is the father of the child.