Comment

(This is section 612 of the UPA.)

This section rejects UPA (1973) § 9. Consistent with § 603, supra, this Act rejects the view that the child necessarily has independent standing in a parentage proceeding. On the other hand, if the court determines that the child in fact does have a position at variance with all the other litigants, an attorney may be appointed to represent that interest.

Article 2

Special Rules for Proceeding

to Adjudicate Parentage

§1941.__Admissibility of results of genetic testing; expenses

1.__Record admissible; objection.__Except as otherwise provided in subsection 3, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:

A.__Voluntarily or pursuant to an order of the court or a support enforcement agency; or

B.__Before or after the commencement of the proceeding.

2.__Testimony of experts.__A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, videoconference, deposition or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.

3.__Results inadmissible; exceptions.__If a child has a presumed parent, acknowledged father or adjudicated parent, the results of genetic testing are inadmissible to adjudicate parentage unless performed:

A.__With the consent of both the mother and the presumed parent, acknowledged father or adjudicated parent; or