§ 522:1 — Authority for Test

I. In a civil action in which paternity is a contested and relevant issue, the mother, child, and putative father shall submit to blood, tissue typing, and/or genetic marker tests which may include, but are not limited to, tests of red cell antigens, serum proteins, and deoxyribonucleic acid (DNA) analysis. The genetic samples collected shall be subject to safeguarding and confidentiality procedures and used exclusively for purposes of paternity testing. Testing shall be ordered as follows:
(a) The court may order genetic paternity testing upon the motion of any party or upon its own initiative. If the court determines that a motion for testing is made for the purpose of delay, the court may deny the motion. The court may order payment of costs related to testing. If any party refuses to submit to such tests, the court may resolve the question of paternity against such party.
(b) The department of health and human services (the department) may order genetic paternity testing upon agreement of the parties or upon the request of any party, if the request is supported by a sworn statement alleging paternity and setting forth facts which reasonably establish the requisite sexual contact; or denying paternity and setting forth facts which reasonably establish a lack of the requisite sexual contact. The state shall pay the costs related to such testing, subject to recoupment from the father if paternity is established.
II. For genetic paternity testing pursuant to RSA 522:1, I(b) the following administrative procedures apply:
(a) The department shall serve the parties with notice and order for genetic paternity testing. Unless the order is contested by any party, the order is effective as to the party served, upon the expiration of 11 days after service. Service of the notice and order shall be by certified mail or other method as provided by law and shall include:
(1) The names and dates of birth of the individuals to be tested pursuant to the order;
(2) A statement explaining the rights and responsibilities associated with paternity establishment;
(3) A copy of the order including an appointment with the date, time, and place for collecting the genetic samples;
(4) A statement of the administrative and judicial procedures available to contest the order.
(b) Any party may request a supervisory review of the order. The request must be in writing and received by the department within 10 days of the date that the party received service of the notice and order. Issues that may be considered on review are limited to mistake of fact. Within 10 days of the review, the person conducting the review shall issue a written decision and forward it to the parties.
(c) Within 10 days of the written decision pursuant to the supervisory review, any party may request an administrative hearing. The hearing shall be conducted by a hearings officer according to the rules for fair hearings adopted by the commissioner pursuant to RSA 541-A. Issues that may be considered at the administrative hearing are limited to mistake of fact. Within 10 days of the administrative hearing, the person conducting the hearing shall issue a written decision and forward it to the parties.
(d) Within 10 days of the written decision of the hearings officer, any party may appeal to the superior court. Such appeal shall be restricted to a review of the record. Upon review the court may request the submission of additional evidence and order a hearing.
(e) Nothing in this section shall preclude any party from filing a petition to determine paternity directly with the court and seeking a judicial determination.

Legislative History

1953, 126:1. RSA 522:1. 1988, 234:5. 1990, 149:1. 1997, 263:31, eff. Aug. 18, 1997.