§ 14-20-27 — (503) Requirements for genetic testing

1. Genetic testing must be of a type reasonably relied upon by experts in the field of
genetic testing and performed in a testing laboratory accredited by:
a. The American association of blood banks, or a successor to its functions;
b. The American society for histocompatibility and immunogenetics, or a successor
to its functions; or
c. An accrediting body designated by the United States secretary of health and
human services.
2. 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.

3. Based on the ethnic or racial group of an individual, the testing laboratory shall
determine the databases from which to select frequencies for use in calculation of the
probability of paternity. If there is a disagreement as to the testing laboratory's choice,
the following rules apply:
a. The individual objecting may require the testing laboratory, within thirty days after
receipt of the report of the test, to recalculate the probability of paternity using an
ethnic or racial group different from that used by the laboratory.
b. The individual objecting to the testing laboratory's initial choice shall:
(1) If the frequencies are not available to the testing laboratory for the ethnic or
racial group requested, provide the requested frequencies compiled in a
manner recognized by accrediting bodies; or
(2) Engage another testing laboratory to perform the calculations.
c. The testing laboratory may use its own statistical estimate if there is a question
regarding which ethnic or racial group is appropriate. If available, the testing
laboratory shall calculate the frequencies using statistics for any other ethnic or
racial group requested.
4. If, after recalculation using a different ethnic or racial group, genetic testing does not
rebuttably identify a man as the father of a child under section 14-20-29, an individual
who has been tested may be required to submit to additional genetic testing.