§ 46b-566 — (Formerly Sec. 46b-168a). Genetic tests in IV-D support cases when parentage is at issue.

Connecticut § 46b-566

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 818: Connecticut Parentage Act and Parentage-Related Provisions

Text

(a) In any IV-D support case, as defined in subdivision (13) of subsection (b) of section 46b-231, in which the parentage of a child is at issue, or in any case in which a support enforcement agency is providing services to a petitioner in a proceeding under sections 46b-301 to 46b-425, inclusive, in which the parentage of a child is at issue, the IV-D agency or the support enforcement agency shall require the child and all other parties other than individuals who have good cause for refusing to cooperate or who are subject to other exceptions to submit to genetic tests in accordance with sections 46b-495 to 46b-500, inclusive, to determine whether or not the alleged genetic parent is the genetic parent of the child, upon the request of any such party, provided such request is supported by a sworn statement by the party which either (1) alleges parentage and sets forth facts establishing a reasonable possibility of the requisite sexual contact between the parties, or (2) denies parentage and sets forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. (b) The costs of making the tests provided by this section shall be paid by the state, except that if the alleged genetic parent is the requesting party and subsequently acknowledges parentage or is adjudicated to be the parent of the child, such person shall be liable to the state for the amount of such costs unless such person is found to be (1) a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a , or (2) otherwise indigent and unable to pay such costs. Any court or family support magistrate may order a person who is found liable for genetic testing costs under this subsection to reimburse the state for the amount of such costs. The contesting party shall make advance payment for any additional testing required in the event of a contest of the original test results. (c) The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to establish criteria for determining (1) good cause or other exceptions for refusing to cooperate under subsection (a) of this section, which shall include, but not be limited to, domestic violence, sexual abuse and lack of information and shall take into account the best interests of the child, and (2) the sufficiency of the facts establishing a reasonable possibility of the existence or nonexistence of the requisite sexual contact between the parties, as required under subsection (a) of this section.

Legislative History

(June 18 Sp. Sess. P.A. 97-7, S. 21, 38; P.A. 03-89, S. 4; P.A. 06-149, S. 11; P.A. 11-214, S. 10; P.A. 15-71, S. 83; P.A. 21-15, S. 123.) History: June 18 Sp. Sess. P.A. 97-7 effective July 1, 1997; P.A. 03-89 amended Subsec. (a) by expanding genetic testing requirements to proceedings under Secs. 46b-212 to 46b-213v, inclusive, in which “support enforcement agency is providing services to a petitioner” and amended Subsec. (b) by adding provision re authority of court or family support magistrate to order adjudicated father to pay costs of genetic testing; P.A. 06-149 amended Subsec. (b) to substitute “except that” for “provided”, add “subsequently acknowledges paternity” re liability to the state for costs of tests, replace reference to ability to pay in accordance with regulations with exemption from payment of costs if father found to be a low-income obligor or otherwise indigent and unable to pay costs, and rewrite provisions re reimbursement to the state, and deleted former Subsec. (c)(3) re regulations for payment of costs, effective June 6, 2006; P.A. 11-214 amended Subsec. (a) to substitute reference to Sec. 46b-213w for reference to Sec. 46b-213v; P.A. 15-71 amended Subsec. (a) by replacing references to Secs. 46b-212 to 46b-213w with references to Secs. 46b-301 to 46b-425, effective July 1, 2015; P.A. 21-15 amended Subsec. (a) by replacing “paternity” with “parentage”, replacing provision re administration of deoxyribonucleic acid tests with provision re genetic testing in accordance with sections 46b-495 to 46b-500, inclusive, and replacing “putative father or husband is the father of the child” with “alleged genetic parent is the genetic parent of the child” and amended Subsec. (b) by replacing “putative father” with “alleged genetic parent”, replacing “paternity” with “parentage” and by making technical changes, effective January 1, 2022; Sec. 46b-168a transferred to Sec. 46b-566 in 2023.