600B.41 Blood and genetic tests.
1. In a proceeding to establish paternity in law or in equity the court may on its own motion, and upon request of a party shall, require the child, mother, and alleged father to submit to blood or genetic tests, except that if the mother and child previously submitted blood or genetic specimens in a prior action to establish paternity against a different alleged father, the previously submitted specimens and prior results, if available, may be utilized for testing in this action.
2. If a blood or genetic test is required, the court shall direct that inherited characteristics be determined by appropriate testing procedures, and shall appoint an expert qualified as an examiner of genetic markers to analyze and interpret the results and to report to the court. Appropriate testing procedures shall include any genetic test generally acknowledged as reliable by accreditation bodies designated by the secretary of the United States department of health and human services and which are performed by a laboratory approved by such an accreditation body.
3. Verified documentation of the chain of custody of the blood or genetic specimen is competent evidence to establish the chain of custody. The testimony of the court-appointed expert at trial is not required.
4. A verified expert’s report shall be admitted at trial. A copy of a bill for blood or genetic testing shall be admitted as evidence, without requiring third-party foundation testimony, and shall constitute prima facie evidence of amounts incurred for blood or genetic testing.
5. The results of the tests shall have the following effects:
a. Test results which show a statistical probability of paternity are admissible. To challenge the test results, a party shall file a notice of the challenge, with the court, no later than twenty days after the filing of the expert’s report with the clerk of the district court.
(1) Any subsequent rescheduling or continuances of the originally scheduled hearing shall not extend the original time frame.
(2) Any challenge filed after the time frame is not acceptable or admissible by the court.
(3) If a challenge is not timely filed, the test results shall be admitted as evidence of paternity without the need of additional proof of authenticity or accuracy.
b. If the expert concludes that the test results show that the alleged father is not excluded and that the probability of the alleged father’s paternity is ninety-five percent or higher, there shall be a rebuttable presumption that the alleged father is the father, and this evidence must be admitted.
(1) To challenge this presumption of paternity, a party must file a notice of the challenge with the court within the time frames prescribed in paragraph “a”.
(2) The party challenging the presumption of the alleged father’s paternity has the burden of proving that the alleged father is not the father of the child.
(3) The presumption of paternity can be rebutted only by clear and convincing evidence.
c. If the expert concludes that the test results show that the alleged father is not excluded and that the probability of the alleged father’s paternity is less than ninety-five percent, test results shall be weighed along with other evidence of the alleged father’s paternity. To challenge the test results, a party must file a notice of the challenge with the court within the time frames prescribed in paragraph “a”.
6. If the results of the tests or the expert’s analysis of inherited characteristics is disputed in a timely fashion, the court, upon reasonable request of a party, shall order that an additional test be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing. When a subsequent test is conducted, all time frames prescribed in this chapter associated with blood or genetic tests shall apply to the most recently completed test.
7. All costs shall be paid by the parties or parents in proportions and at times determined by the court, except as otherwise provided pursuant to section 600B.41A.
[C81, §675.41]
92 Acts, ch 1195, §210
C93, §600B.41
93 Acts, ch 79, §22, 23; 94 Acts, ch 1171, §45 – 47, 52; 95 Acts, ch 52, §9; 97 Acts, ch 175, §210, 211; 2015 Acts, ch 110, §125
Referred to in §252A.6A, 600A.7, 600B.9, 600B.41A
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