C.__The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.

4.__Additional genetic testing.__If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under section 1905, an individual who has been tested may be required to submit to additional genetic testing.

Comment

(This is section 503 of the UPA.)

Source: 42 U.S.C. §§ 666(a)(5)(B)(i)(I)(II) and 666(a)(5)(F)(i)(I)(II), see Appendix: Federal IV-D Statute Relating to Parentage, infra.

As of December 2000, the Secretary of Health and Human Services had not officially designated any accreditation bodies as referenced in subsection (b)(3). But, Information Memorandum OCSE-IM-97-03, April 10, 1997, from the Deputy Director of the Office of Child Support Enforcement identifies the American Association of Blood Banks and American Society for Histocompatibility and Immunogenetics as meeting this requirement. The accreditation requirement assures that the testing will "be of a type reasonably relied upon by experts in the field of genetic testing."

Subsection (b) clarifies that a "specimen" suitable for genetic testing may be composed from one of a wide variety of constituent elements of "body tissue and fluids." This conforms the statutory language to biological terminology to assure common understanding between the scientific community and the legal profession. In states with statutes employing only the broad terms, bench and bar have evidenced confusion about the fact that blood, buccal cells, bone, hair, etc. are "body tissues."

Subsections (c) and (d) are designed to clarify the use of "race or ethnic group" in the paternity calculations. Generally, the individual tested provides the information regarding the ethnic or racial group to use in the calculations. These sections are designed to avoid last minute changes in the racial designation, a scientific version of "forum shopping", and to