§ 40-11A-621 — Admissibility of results of genetic testing; expenses

A. Except as otherwise provided in Subsection C of this section, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects, in a writing delivered to the adverse party, to the record's admission within fourteen days after its receipt by the objecting party. The objecting party shall cite specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed: (1) voluntarily or pursuant to an order of the district court or a support- enforcement agency; or (2) before or after the commencement of the proceeding. B. A party objecting to the results of genetic testing may call one or more genetic- testing experts to testify in person or by telephone, videoconference, deposition or another method approved by the district court. Unless otherwise ordered by the district court, the party offering the testimony bears the expense for the expert testifying. C. If a child has a presumed, acknowledged or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed: (1) with the consent of both the mother and the presumed, acknowledged or adjudicated father; or (2) pursuant to an order of the district court pursuant to Section 5-502 of the New Mexico Uniform Parentage Act. D. Copies of bills for genetic testing, for child birth and for prenatal and postnatal health care for the mother and child that are furnished to the adverse party not less than ten days before the date of a hearing are admissible to establish: (1) the amount of the charges billed; and (2) that the charges were reasonable, necessary and customary.

Legislative History

Laws 2009, ch. 215, § 6-621.