LD 1851
pg. 45
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LR 2675
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and still cannot determine which non-identical sibling is excluded,
the common practice is to provide the genetic material to another
laboratory for more extensive testing to resolve the case.

 
Contrasting identical brothers with non-identical brothers,
identical brothers can never be differentiated by additional
genetic testing. This creates a completely different situation
for the court. This section resolves the identical-brother
conundrum as much as possible, and is designed to prevent the
court from simply dismissing the case.

 
§1911.__Confidentiality of genetic testing

 
1.__Release of report.__The report of genetic testing for
parentage may not be released except as provided in this
subchapter.

 
2.__Intentional release of identifiable specimen.__An
individual who intentionally releases an identifiable specimen of
another individual for any purpose other than that relevant to
the proceeding regarding parentage without a court order or the
written permission of the individual who furnished the specimen
commits a Class E crime.

 
Comment

 
(This is section 511 of the UPA.)

 
This section seeks to protect the privacy rights of persons
who are tested for a parentage determination. Although the
Drafting Committee was not informed of an instance in which a
paternity-testing laboratory had released samples or performed
unauthorized testing, several states have proposed or passed laws
regulating the "genetic privacy" of paternity tests. This section
is intended to provide some guidance in this area. The term
"identifiable specimen" is included, as there are beneficial uses
of samples for anonymous research purposes. For example, the
frequency tables used to make calculations are compiled from
anonymous data and provide a more precise calculation for all
persons involved in paternity testing. On occasion, a court may
order the laboratory to release samples. For instance, a man who
had been tested in one paternity proceeding and then dies may
have his samples utilized in another paternity proceeding if a
court orders testing in the second action. Courts have also
ordered the release of samples when the tested man has allegedly
engaged in criminal conduct. This has occurred when the alleged
father has sent an imposter for sample collection. If the state
pursues criminal charges, a court might order the laboratory to


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