§ 418 — Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests

New York § 418

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction and Duties of Support
• Art. 4: Support Proceedings

Text

§ 418. Genetic marker and DNA tests; admissibility of records or\nreports of test results; costs of tests. (a) The court, on its own\nmotion or motion of any party, when paternity is contested, shall order\nthe mother, the child and the alleged father to submit to one or more\ngenetic marker or DNA marker tests of a type generally acknowledged as\nreliable by an accreditation body designated by the secretary of the\nfederal department of health and human services and performed by a\nlaboratory approved by such an accreditation body and by the\ncommissioner of health or by a duly qualified physician to aid in the\ndetermination of whether the alleged father is or is not the father of\nthe child. No such test shall be ordered, however, upon a written\nfinding by the court that it is not in the best interests of the child\non the basis of res judicata, equitable estoppel or the presumption of\nlegitimacy of a child born to a married woman. The record or report of\nthe results of any such genetic marker or DNA test shall be received in\nevidence, pursuant to subdivision (e) of rule forty-five hundred\neighteen of the civil practice law and rules where no timely objection\nin writing has been made thereto. Any order pursuant to this section\nshall state in plain language that the results of such test shall be\nadmitted into evidence, pursuant to rule forty-five hundred eighteen of\nthe civil practice law and rules absent timely objections thereto and\nthat if such timely objections are not made, they shall be deemed waived\nand shall not be heard by the court. If the record or report of results\nof any such genetic marker or DNA test or tests indicate at least a\nninety-five percent probability of paternity, the admission of such\nrecord or report shall create a rebuttable presumption of paternity,\nand, if unrebutted, shall establish the paternity of and liability for\nthe support of a child pursuant to this article and article five of this\nact.\n (b) Whenever the court directs a genetic marker or DNA test pursuant\nto this section, a report made as provided in subdivision (a) of this\nsection may be received in evidence pursuant to rule forty-five hundred\neighteen of the civil practice law and rules if offered by any party.\n (c) The cost of any test ordered pursuant to subdivision (a) of this\nsection shall be, in the first instance, paid by the moving party. If\nthe moving party is financially unable to pay such cost, the court may\ndirect any qualified public health officer to conduct such test, if\npracticable; otherwise, the court may direct payment from the funds of\nthe appropriate local social services district. In its order of\ndisposition, however, the court may direct that the cost of any such\ntest be apportioned between the parties according to their respective\nabilities to pay or be assessed against the party who does not prevail\non the issue of paternity, unless such party is financially unable to\npay.\n