LD 1851
pg. 42
Page 41 of 90 An Act To Implement the Recommendations of the Family Law Advisory Commission w... Page 43 of 90
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LR 2675
Item 1

 
B.__By the individual who made the request;

 
C.__As agreed by the parties; or

 
D.__As ordered by the court.

 
2.__Reimbursement.__In cases in which the cost is advanced by
the support enforcement agency, the agency may seek reimbursement
from a man who is rebuttably identified as the father.

 
Comment

 
(This is section 506 of the UPA.)

 
Source: UPA (1973) § 11; 42 U.S.C. § 666(a)(5)(B)(ii)(I), see
Appendix: Federal IV-D Statute Relating to Parentage, infra;
Little v. Streater, 452 U.S. 1, (1981).

 
In general, the party seeking relief from a court must bear
the cost of the initial genetic testing. The federal law mandates
that the support enforcement agency pay the cost of testing,
subject to recoupment. Subsection (a)(3) does present the
possibility that a court might order a respondent to pay the
initial cost.

 
§1907.__Additional genetic testing

 
The court or the support enforcement agency shall order
additional genetic testing upon the request of a party who
contests the result of the original testing. If the previous
genetic testing identified a man as the father of the child under
section 1905, the court or agency may not order additional
testing unless the party provides advance payment for the
testing.

 
Comment

 
(This is section 507 of the UPA.)

 
Source: UPA (1973) § 11; 42 U.S.C. § 666(a)(5)(B)(ii)(II).

 
Obviously the opportunity for additional testing should be
provided if the original testing is contested in good faith, see
Appendix: Federal IV-D Statute Relating to Parentage, infra. The
requirement that the contestant provide advance payment if prior
testing has identified a man as the father is intended to
discourage spurious contests. This section provides the most
important mechanism for determining the accuracy of a paternity
test. While extremely rare, even after initial tests indicate a
probability of paternity greater than 99.99% it is theoretically


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