§ 16-2343.01 — Admissibility of tests.

District of Columbia § 16-2343.01

• Jurisdiction: District of Columbia
• Title 16: Particular Actions, Proceedings and Matters. [Enacted title]
• Ch. 23: Family Division [Family Court] Proceedings.
• Subch. II: Parentage Proceedings.

Text

(1) Expert reports that show the statistical probability of the alleged parent’s paternity may be admissible into evidence.

(2) Certified documentation of the chain of custody of the test specimens is competent evidence to establish the chain of custody.

(3) Test results that show the statistical probability of the alleged parent’s paternity shall be admitted into evidence unless a substantiated objection is made that the test did not comply with the requirements of this subchapter.

(1) If the test results or the expert’s analysis of the test results are disputed, a party must file its specific objections in writing with the court within 45 days of the date the results were mailed by the court to the party.

(2) The court shall not accept objections made less than 5 days prior to the date of trial.

(c) Unless a party timely objects pursuant to subsection (b) of this section, the following apply:

(1) The parties waive their objections to the testing procedures, the admission into evidence of the results of the test and the report on the statistical probability of paternity.

(2) The verified results of the tests and the report are admissible into evidence at a hearing or other proceeding without need for foundation testimony or other proof of authenticity or accuracy regardless of the presence or non-presence of parties having notice of the action.

(3) Whenever the results of the tests and report exclude the alleged parent as the parent of the child, that evidence shall be conclusive evidence of nonpaternity, unless contrary test results are received. Court-ordered DNA test results excluding a signatory of an acknowledgement of paternity or the subject of an adjudication as the father of a child or proving to a scientific certainty that a different individual is the child's biological parent shall constitute evidence of fraud, duress, or a material mistake of fact for the purposes of § 16-909(c-1)(2) and shall require the court to set aside the acknowledgment or adjudication.

(1) If the results of the tests and report of the evidence relating to the alleged parent’s paternity of the child are disputed, the court, absent an agreement between the parties, shall resolve all disputes.

(2) The court may order that additional tests be made at the expense of the objecting party.

(1) When a child has no presumed parent under § 16-909(a)(1) through (4) or under § 16-909(a-1)(2) and a genetic test result indicates a 99% probability that the putative father is the father of the child, if the genetic test is of the type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services and is performed by a laboratory approved by such body, there is a conclusive presumption of paternity and the Court shall enter a judgment finding the parentage of the child consistent with such result, upon the submission of the result and a certifying affidavit from the laboratory, subject to the determination of any objection properly filed pursuant to subsection (b) of this section.

(2) When a child has a presumed parent under § 16-909(a)(1) through (4) or under § 16-909(a-1)(2) and a genetic test result indicates a 99% probability that the putative father is the father of the child, if the genetic test is of the type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services and is performed by a laboratory approved by such body, the Court shall determine parentage giving due consideration to the child’s interests and the duration and stability of the relationship between the child, the presumed parent, and the putative parent.

(f) Bills for pregnancy, childbirth, and genetic testing are admissible as evidence without third-party foundation testimony and shall constitute prima facie evidence of the amounts incurred for such services or for testing on behalf of the child.

Legislative History

Sept. 26, 1984, D.C. Law 5-123, § 3, 31 DCR 4056; Mar. 8, 1990, D.C. Law 8-72, § 2(b), 36 DCR 8008; May 15, 1990, D.C. Law 8-126, § 2(b), 37 DCR 2091; Mar. 16, 1995, D.C. Law 10-223, § 2(i), 41 DCR 8051; Apr. 3, 2001, D.C. Law 13-269, § 106(n), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(k), 56 DCR 4269