§ 14-2-808 — Authority to deny motion for genetic testing

(a) In a proceeding to adjudicate the parentage of a child
having a presumed father or to challenge the paternity of a
child having an acknowledged father, the court may deny a motion
seeking an order for genetic testing of the mother, the child
and the presumed or acknowledged father if the court determines
that:
(i) The conduct of the mother or the presumed or
acknowledged father estops that party from denying parentage;
and
(ii) It would be inequitable to disprove the father-
child relationship between the child and the presumed or
acknowledged father.
(b) In determining whether to deny a motion seeking an
order for genetic testing under this section, the court shall
consider the best interest of the child, including the following
factors:
(i) The length of time between the proceeding to
adjudicate parentage and the time that the presumed or
acknowledged father was placed on notice that he might not be
the genetic father;
(ii) The length of time during which the presumed or
acknowledged father has assumed the role of father of the child;
(iii) The facts surrounding the presumed or
acknowledged father's discovery of his possible nonpaternity;
(iv) The nature of the relationship between the child
and the presumed or acknowledged father;
(v) The age of the child;
(vi) The harm that may result to the child if
presumed or acknowledged paternity is successfully disproved;
(vii) The nature of the relationship between the
child and any alleged father;
(viii) The extent to which the passage of time
reduces the chances of establishing the paternity of another man
and a child support obligation in favor of the child; and
(ix) Other factors that may affect the equities
arising from the disruption of the father-child relationship
between the child and the presumed or acknowledged father or the
chance of other harm to the child.
(c) In a proceeding involving the application of this
section, a minor or incapacitated child shall be represented by
a guardian ad litem.
(d) Denial of a motion seeking an order for genetic
testing shall be based on clear and convincing evidence.
(e) If the court denies a motion seeking an order for
genetic testing, it shall issue an order adjudicating the
presumed father to be the father of the child.