Blood
Tests to Determine Paternity.
California
Family Code, sections 7550-7558
7550.
This chapter may be cited as the Uniform
Act on Blood Tests to Determine Paternity.
7551.
In a civil action or proceeding in which
paternity is a relevant fact, the court
may upon its own initiative or upon suggestion
made by or on behalf of any person who
is involved, and shall upon motion of
any party to the action or proceeding
made at a time so as not to delay the
proceedings unduly, order the mother,
child, and alleged father to submit to
genetic tests. If a party refuses to submit
to the tests, the court may resolve the
question of paternity against that party
or enforce its order if the rights of
others and the interests of justice so
require. A party's refusal to submit to
the tests is admissible in evidence in
any proceeding to determine paternity.
For the purposes of this chapter, "genetic
tests" means any genetic test that
is generally acknowledged as reliable
by accreditation bodies designated by
the United States Secretary of Health
and Human Services.
7551.5.
All hospitals, local child support agencies,
welfare offices, and family courts shall
facilitate genetic tests for purposes
of enforcement of this chapter. This may
include having a health care professional
available for purposes of extracting samples
to be used for genetic testing.
7552.
The genetic tests shall be performed by
a laboratory approved by any accreditation
body that has been approved by the United
States Secretary of Health and Human Services.
Any party or person at whose suggestion
the tests have been ordered may demand
that other experts, qualified as examiners
of blood types, perform independent tests
under order of the court, the results
of which may be offered in evidence. The
number and qualifications of these experts
shall be determined by the court.
7552.5.
(a) A copy of the results of all genetic
tests performed under Section 7552
or 7558 shall be served
upon all parties, by any method of service
authorized under Chapter 5 (commencing
with Section
1010) of Title 14 of Part 2 of the
Code of Civil Procedure except personal
service, no later than 20 days prior to
any hearing in which the genetic test
results may be admitted into evidence.
The genetic test results shall be accompanied
by a declaration under penalty of perjury
of the custodian of records or other qualified
employee of the laboratory that conducted
the genetic tests, stating in substance
each of the following:
(1) The declarant is the duly authorized
custodian of the records or other qualified
employee of the laboratory, and has authority
to certify the records.
(2) A statement which establishes in detail
the chain of custody of all genetic samples
collected, including the date on which
the genetic sample was collected, the
identity of each person from whom a genetic
sample was collected, the identity of
the person who performed or witnessed
the collecting of the genetic samples
and packaged them for transmission to
the laboratory, the date on which the
genetic samples were received by the laboratory,
the identity of the person who unpacked
the samples and forwarded them to the
person who performed the laboratory analysis
of the genetic sample, and the identification
and qualifications of all persons who
performed the laboratory analysis and
published the results.
(3) A statement which establishes that
the procedures used by the laboratory
to conduct the tests for which the test
results are attached are used in the laboratory's
ordinary course of business to ensure
accuracy and proper identification of
genetic samples.
(4) The genetic test results were prepared
at or near the time of completion of the
genetic tests by personnel of the business
qualified to perform genetic tests in
the ordinary course of business.
(b) The genetic test results shall be
admitted into evidence at the hearing
or trial to establish paternity, without
the need for foundation testimony of authenticity
and accuracy, unless a written objection
to the genetic test results is filed with
the court and served on all other parties,
by any party no later than five days prior
to the hearing or trial where paternity
is at issue.
(c) If a written objection is filed with
the court and served on all parties within
the time specified in subdivision (b),
experts appointed by the court shall be
called by the court as witnesses to testify
to their findings and are subject to cross-examination
by the parties.
(d) If a genetic test reflects a paternity
index of 100 or greater, the copy of the
results mailed under subdivision (a) shall
be accompanied with a voluntary declaration
of paternity form, information prepared
according to Section 7572.
7553.
The compensation of each expert witness
appointed by the court shall be fixed
at a reasonable amount. It shall be paid
as the court shall order. The court may
order that it be paid by the parties in
the proportions and at the times the court
prescribes, or that the proportion of
any party be paid by the county, and that,
after payment by the parties or the county
or both, all or part or none of it be
taxed as costs in the action or proceeding.
7554.
(a) If the court finds that the conclusions
of all the experts, as disclosed by the
evidence based upon the tests, are that
the alleged father is not the father of
the child, the question of paternity shall
be resolved accordingly.
(b) If the experts disagree in their findings
or conclusions, or if the tests show the
probability of the alleged father's paternity,
the question, subject to Section
352 of the Evidence Code, shall be
submitted upon all the evidence, including
evidence based upon the tests.
7555. (a) There is
a rebuttable presumption, affecting the
burden of proof, of paternity, if the
court finds that the paternity index,
as calculated by the experts qualified
as examiners of genetic markers, is 100
or greater. This presumption may be rebutted
by a preponderance of the evidence.
(b) As used in this section:
(1) "Genetic markers" mean separate
genes or complexes of genes identified
as a result of genetic tests.
(2)
"Paternity index" means the
commonly accepted indicator used for denoting
the existence of paternity. It expresses
the relative strength of the test results
for and against paternity. The paternity
index, computed using results of various
paternity tests following accepted statistical
principles, shall be in accordance with
the
method of expression accepted at the
International Conference on Parentage
Testing at Airlie House, Virginia, May
1982, sponsored by the American Association
of Blood Banks.
7556.
This part applies to criminal actions
subject to the following limitations and
provisions:
(a)
An order for the tests shall be made only
upon application of a party or on the
court's initiative.
(b)
The compensation of the experts shall
be paid by the county under order of court.
(c)
The court may direct a verdict of acquittal
upon the conclusions of all the experts
under Section 7554;
otherwise, the case shall be submitted
for determination upon all the evidence.
7557. Nothing in this
part prevents a party to an action or
proceeding from producing other expert
evidence on the matter covered by this
part; but, where other expert witnesses
are called by a party to the action or
proceeding, their fees shall be paid by
the party calling them and only ordinary
witness fees shall be taxed as costs in
the action or proceeding.
7558.
(a) This section applies only to cases
where support enforcement services are
being provided by the local child support
agency pursuant to Section
17400.
(b)
In any civil action or proceeding in which
paternity is a relevant fact, and in which
the issue of paternity is contested, the
local child support agency may issue an
administrative order requiring the mother,
child, and the alleged father to submit
to genetic testing if any of the following
conditions exist:
(1)
The person alleging paternity has signed
a statement under penalty of perjury that
sets forth facts that establish a reasonable
possibility of the requisite sexual conduct
between the mother and the alleged father.
(2)
The person denying paternity has signed
a statement under penalty of perjury that
sets forth facts that establish a reasonable
possibility of the nonexistence of the
requisite sexual contact between the parties.
(3)
The alleged father has filed an answer
in the action or proceeding in which paternity
is a relevant fact and has requested that
genetic tests be performed.
(4)
The mother and the alleged father agree
in writing to submit to genetic tests.
(c)
Notwithstanding subdivision (b), the local
child support agency may not order an
individual to submit to genetic tests
if the individual has been found to have
good cause for failure to cooperate in
the determination of paternity pursuant
to Section
11477 of the Welfare and Institutions
Code.
(d)
The local child support agency shall pay
the costs of any genetic tests that are
ordered under subdivision (b), subject
to the county obtaining a court order
for reimbursement from the alleged father
if paternity is established under Section
7553.
(e)
Nothing in this section prohibits any
person who has been ordered by the local
child support agency to submit to genetic
tests pursuant to this section from filing
a notice of motion with the court in the
action or proceeding in which paternity
is a relevant fact seeking relief from
the local child support agency's order
to submit to genetic tests. In that event,
the court shall resolve the issue of whether
genetic tests should be ordered as provided
in Section 7551. If
any person refuses to submit to the tests
after receipt of the administrative order
pursuant to this section and fails to
seek relief from the court from the administrative
order either prior to the scheduled tests
or within 10 days after the tests are
scheduled, the court may resolve the question
of paternity against that person or enforce
the administrative order if the rights
of others or the interest of justice so
require. Except as provided in subdivision
(c), a person's refusal to submit to tests
ordered by the local child support agency
is admissible in evidence in any proceeding
to determine paternity if a notice of
motion is not filed within the timeframes
specified in this subdivision.
(f)
If the original test result creates a
rebuttable presumption of paternity under
Section 7555 and the
result is contested, the local child support
agency shall order an additional test
only upon request and advance payment
of the contestant.
Afternoon
consultations available
626-301-9327
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