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

New York § 532

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Hearings
• Art. 5: Paternity Proceedings

Text

§ 532. Genetic marker and DNA tests; admissibility of records or\nreports of test results; costs of tests. (a) The court shall advise the\nparties of their right to one or more genetic marker tests or DNA tests\nand, on the court's own motion or the motion of any party, shall order\nthe mother, her child and the alleged father to submit to one or more\ngenetic marker or DNA tests of a type generally acknowledged as reliable\nby an accreditation body designated by the secretary of the federal\ndepartment of health and human services and performed by a laboratory\napproved by such an accreditation body and by the commissioner of health\nor by a duly qualified physician to aid in the determination of whether\nthe alleged father is or is not the father of the child. No such test\nshall be ordered, however, upon a written finding by the court that it\nis not in the best interests of the child on the basis of res judicata,\nequitable estoppel, or the presumption of legitimacy of a child born to\na married woman. The record or report of the results of any such genetic\nmarker or DNA test ordered pursuant to this section or pursuant to\nsection one hundred eleven-k of the social services law shall be\nreceived in evidence by the court pursuant to subdivision (e) of rule\nforty-five hundred eighteen of the civil practice law and rules where no\ntimely objection in writing has been made thereto and that if such\ntimely objections are not made, they shall be deemed waived and shall\nnot be heard by the court. If the record or report of the results of any\nsuch genetic marker or DNA test or tests indicate at least a ninety-five\npercent probability of paternity, the admission of such record or report\nshall create a rebuttable presumption of paternity, and shall establish,\nif unrebutted, the paternity of and liability for the support of a child\npursuant to this article and article four of this act.\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