LD 1851
pg. 37
Page 36 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 38 of 90
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LR 2675
Item 1

 
Subsection (d) recognizes that multiple men may be
participating in the establishment process. The laboratories
prefer to evaluate all persons concurrently, as concurrent
testing may prevent multiple sample collections from the child
and in rare cases (such as evaluating two non-identical siblings)
the laboratory can continue testing until one or both of the
tested men are excluded. However, sequential testing is also
acceptable.

 
§1903.__Requirements for genetic testing

 
1.__Type of genetic testing.__Genetic testing must be of a
type reasonably relied upon by experts in the field of genetic
testing and performed in a testing laboratory accredited by:

 
A.__The American Association of Blood Banks, or a successor
to its functions;

 
B.__A national society for histocompatibility and
immunogenetics; or

 
C.__An accrediting body designated by the federal Secretary
of Health and Human Services.

 
2.__Specimen.__A specimen used in genetic testing may consist
of one or more samples, or a combination of samples, of blood,
buccal cells, bone, hair or other body tissue or fluid. The
specimen used in the testing need not be of the same kind for
each individual undergoing genetic testing.

 
3.__Selection of databases; objections.__Based on the ethnic
or racial group of an individual, the testing laboratory shall
determine the databases from which to select frequencies for use
in calculation of the probability of paternity. If there is
disagreement as to the testing laboratory's choice, the following
provisions apply.

 
A.__The individual objecting may require the testing
laboratory, within 30 days after receipt of the report of
the test, to recalculate the probability of paternity using
an ethnic or racial group different from that used by the
laboratory.

 
B.__The individual objecting to the testing laboratory's
initial choice shall:

 
(1)__If the frequencies are not available to the
testing laboratory for the ethnic or racial group
requested, provide the requested frequencies compiled
in a manner recognized by accrediting bodies; or


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