Printable Format23-2212. Genetic tests to determine paternity; order of court; refusal to submit to tests; expert witnesses. (a) Whenever the paternity of a child is in issue in any action or judicial proceeding in which the child, mother and alleged father are parties, the court, upon its own motion or upon motion of any party to the action or proceeding, shall order the mother, child and alleged father to submit to genetic tests. If an action is filed by the secretary for children and families under K.S.A. 39-755 or 39-756, and amendments thereto, the court shall order genetic tests on the motion of the secretary for children and families or any party to the action if paternity of the child is in issue. If any party refuses to submit to the tests, the court may resolve the question of paternity against the party or enforce its order if the rights of others and the interests of justice so require. The tests shall be made by experts qualified as genetic examiners who shall be appointed by the court.
(b) Parties to an action may agree to conduct genetic tests prior to or during the pendency of an action for support of a child. The verified written report of the experts shall be admitted into evidence as provided in subsection (c) unless the court finds that paternity of the child is not in issue.
(c) The verified written report of the experts shall be considered to be stipulated to by all parties unless written notice of intent to challenge the validity of the report is given to all parties not more than 20 days after receipt of a copy of the report but in no event less than 10 days before any hearing at which the genetic test results may be introduced into evidence. If such notice is given, the experts shall be called by the court as witnesses to testify as to their findings and shall be subject to cross-examination by the parties. Any party may demand that other experts, qualified as genetic examiners, perform independent tests under order of the court, the results of which may be offered in evidence. The number and qualification of the other experts shall be determined by the court. If no challenge is made, the genetic test results shall be admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.
History: L. 1985, ch. 114, § 9; L. 1991, ch. 110, § 1; L. 1994, ch. 292, § 8; L. 2014, ch. 115, § 35; July 1.
Source or Prior Law:
38-1118.
Law Review and Bar Journal References:
"Challenging the Presumption of Paternity," Sheila Reynolds, 65 J.K.B.A. No. 10, 36 (1996).
"For Love or Money: The Kansas Supreme Court's Problematic Acceptance of the 'Best Interests of the Child' Standard in an Intestate Claim [Reese v. Muret, 150 P.3d 309 (Kan. 2007)]," Angela Chesney Herrington, 47 W.L.J. 177 (2007).
Attorney General's Opinions:
Administrative procedures; separation of powers doctrine considered. 97-39.
CASE ANNOTATIONS
1. Mother necessary party to parentage petition filed on behalf of child; blood tests properly admitted where no notice given. In re Marriage of O'Brien, 13 Kan. App. 2d 402, 410, 772 P.2d 278 (1989).
2. Considerations required prior to court ordering blood test to determine whether presumed parent is biological parent examined. In re Marriage of Ross, 245 Kan. 591, 592, 600, 783 P.2d 331 (1989).
3. Genetic test results to establish presumption of paternity must be known before action is commenced under KPA (K.S.A. 38-1110 et seq.) to avoid K.S.A. 38-1118(a)(2) time limitation. In re Estate of Foley, 22 Kan. App. 2d 959, 962, 925 P.2d 449 (1996).
4. Alleged father in parental rights termination case not precluded from initiating paternity action under K.S.A. 38-1301 et seq. In re A.N.P., 23 Kan. App. 2d 686, 691, 934 P.2d 995 (1997).
5. Provides for the ordering of blood tests when paternity of child is in issue. In re Adoption of A.A.T., 42 Kan. App. 2d 1, 210 P.3d 640 (2009).
6. Presumption of paternity rebutted by genetic testing. State ex rel. Secretary of SRS v. Kimbrel, 43 Kan. App. 2d 790, 231 P.3d 576 (2010).