DMR.6.5.080 Genetic Tests

(a) Except where genetic tests have already been conducted and made available to the Court, the Court may, and upon request of a party shall, require the child, mother, any male for whom there is a probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother or an alleged father, filed with the Court, or after an examination under oath of a party or witness, when the Court determines such an examination is necessary.

(1) If properly noticed of a Petition for Genetic Testing, and upon failure to appear, the Court may issue a Bench Warrant for a party to remain in effect until the party has submitted themselves to genetic testing.

(b) If genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's percentage is 98.0% or higher, the alleged father shall be rebuttably presumed to be the child's parent.

(1) Paternity may be established administratively if the results of genetic tests show a probability of paternity of 98% or higher.

(2) When a birth record is updated with a man's name because genetic tests results show a probability of paternity of 98% or higher, the administrative paternity determination is a conclusive determination of paternity and will have the effect of a court judgment.

(c) If genetic tests exclude an alleged father as the father of the child, this evidence shall be conclusive evidence of non-paternity and the Court shall dismiss any paternity action with respect to that alleged father.

(d) If genetic tests exclude any male witness from possible paternity, the tests shall be conclusive evidence of nonpaternity of the male witness. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with any person excluded as a possible father, as a result of a genetic test, is inadmissible as evidence.

(e) If any party refuses to submit to a genetic test, this fact shall be disclosed to the Court. Refusal to submit to a genetic test ordered by the Court is contempt of the Court. In addition to other contempt remedies and sanctions, the Court, in appropriate circumstances, may dismiss the action.