A.__That the man has at least a 99% probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and

B.__A combined paternity index of at least 100 to 1.

2.__Rebuttal.__A man identified under subsection 1 as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this subchapter that:

A.__Excludes the man as a genetic father of the child; or

B.__Identifies another man as the possible father of the child.

3.__Further genetic testing.__Except as otherwise provided in section 1910, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.

Comment

(This is section 505 of the UPA.)

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

The selection of a probability of paternity of 99.0% and a combined paternity index of 100 to 1 as the rebuttably identified man as father of the child is consistent with the year 2000 standard of practice in the genetic-testing community. Accrediting agencies require the reporting of both of these numbers. As of December, 2000, 27 states have established a presumption at less than this level. However, for several years the standard of practice in the scientific community has been 99.0%. Therefore, raising the genetic presumption to the 99.0% level should have no impact on those states. This number represents a reasonable level of testing, given the breadth of the Act and potential difficulty of working with some specimens in a probate case. It is not intended as a standard of practice for the laboratories, but as a legal presumption to satisfy the legal standard of proof. Given the rapid progress of science, it