B.__Denying parentage and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.

2.__No presumed parent, acknowledged father or adjudicated parent.__A support enforcement agency may order genetic testing only if there is no presumed parent, acknowledged father or adjudicated parent.

3.__In utero testing.__If a request for genetic testing of a child is made before birth, the court or support enforcement agency may not order in utero testing.

4.__Concurrent or sequential testing.__If 2 or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.

Comment

(This is section 502 of the UPA.)

Source: UPA (1973) § 11; 42 U.S.C. § 666(a)(5)(B)(i) requiring genetic testing in certain cases, see Appendix: Federal IV-D Statute Relating to Parentage, infra.

The progress that science has made in understanding molecular genetics since the promulgation of UPA (1973) is phenomenal. Subsection (a) speaks to testing of a "designated individual" other than of the "mother, and alleged or presumed father" to take into account the fact that testing for paternity may proceed without testing the mother. Further, testing may also proceed without testing the alleged father by testing close relatives of that man. Moreover, the right of the court to order testing is not absolute; §§ 607-609 place limitations on genetic testing if the child has a presumed, acknowledged, or adjudicated father.

Subsection (c) is intended to prevent the court from ordering the mother to undergo prenatal testing, such as through amniocentesis or other in utero collection method. These procedures pose a measurable risk to the life and health of both the fetus and the mother. If the mother volunteers for such testing, she may undergo prenatal sample collection for parentage determination.