§ 46b-497 — Authority to order or deny genetic testing.

(a) Except as provided in sections 46b-495 to 46b-505, inclusive, in any proceeding under sections 46b-450 to 46b-553, inclusive, and in any proceeding under section 46b-571, to adjudicate parentage, the Superior Court, Probate Court or a family support magistrate shall order the child and any other person to submit to genetic testing if a request for testing is supported by the sworn statement of a party: (1) Alleging a reasonable possibility that the person is the child's genetic parent; or (2) Denying genetic parentage of the child. (b) A child support agency shall require genetic testing only if there is no presumed, acknowledged or adjudicated parent of a child other than the person who gave birth to the child. (c) The Superior Court, Probate Court, a family support magistrate or child support agency may not order in utero genetic testing. (d) If two or more persons are subject to court-ordered genetic testing, the Superior Court, Probate Court or a family support magistrate may order that testing be completed concurrently or sequentially. (e) Genetic testing of a person who gave birth to a child is not a condition precedent to testing of the child and a person whose genetic parentage of the child is being determined. If the person is unavailable or declines to submit to genetic testing, the Superior Court, Probate Court or a family support magistrate may order genetic testing of the child and each person whose genetic parentage of the child is being adjudicated. (f) In a proceeding to adjudicate the parentage of a child having a presumed parent or a person who claims to be a parent under section 46b-490 , the Superior Court, Probate Court or a family support magistrate may deny a motion for genetic testing of the child and any other person after considering the factors set forth in subsections (a) and (b) of section 46b-475 . (g) If a person requesting genetic testing is barred under section 46b-469 , 46b-483 , 46b-489 , 46b-503 or 46b-510 from establishing the person's parentage, the Superior Court, Probate Court or a family support magistrate shall deny the request for genetic testing. (h) A default judgment may be ordered against a person who refuses to submit to court-mandated genetic testing under this section and in accordance with subsection (g) of section 46b-560 .

Legislative History

(P.A. 21-15, S. 42; P.A. 23-189, S. 5.) History: P.A. 21-15 effective January 1, 2022; P.A. 23-189 amended Subsecs. (a) and (c) by replacing “court” with “Superior Court, Probate Court” and further amended Subsec. (a) by adding “and in any proceeding under section 46b-571” and amended Subsecs. (d), (e), (f) and (g) by replacing “court” with “Superior Court, Probate Court or a family support magistrate”.