Genetic testing results will usually exceed the statutory minimum. During the drafting of the new UPA several statutory presumptions were considered, i.e., 95%, 99%, 99.9% and 99.99%. Genetic testing laboratory representatives presented quite persuasive arguments for a variety of choices. The Drafting Committee ultimately chose to settle on the 99% standard because:

(1) the 99% standard reflects the current standard of the American Association of Blood Banks (Standards for Parentage Testing Laboratories, 4th ed. 1999), and the proposed standards (5th ed. 2001);

(2) the standards promulgated by the various accrediting bodies (American Association of Blood Banks and the American Society for Histocompatibility and Immunogenetics) will, in reality, set the benchmark for genetic testing;

(3) the 99% standard is consistent with the standards of the plurality of American jurisdictions as of December, 2000;

(4) a standard higher than 99% could cause evidentiary problems in probate proceedings because of degraded specimens. Similarly, that problem may arise in cases involving one or more missing individuals, e.g., the mother is not available, but the child and alleged father are available;

(5) the percentage is an evidentiary presumption that the respondent may always challenge by requesting a second test under §507; and

(6) a proceeding to adjudicate paternity is a civil action based on a preponderance of the evidence, not a criminal action based on evidence beyond reasonable doubt.

§1906.__Costs of genetic testing

1.__Costs advanced.__Subject to assessment of costs under subchapter 6, the cost of initial genetic testing must be advanced:

A.__By a support enforcement agency in a proceeding in which the support enforcement agency is providing services;