15-8-11

15-8-11. Parentage tests. -- (a) In a proceeding under this chapter before trial, the court,

upon application made by or on behalf of any party to the action, and supported by sworn

affidavit, or on its own motion, shall order that the mother, child, alleged father, and any other

party to the action submit to blood or tissue typing tests which may include, but are not limited to,

tests of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, DNA

and other genetic testing, to determine whether the alleged father is likely to be, or is not, the

father of the child. The sworn affidavit must include a statement alleging paternity and setting

forth facts establishing a reasonable possibility of sexual contact during the probable period of

conception or a statement denying paternity and setting forth facts establishing a reasonable

possibility of the nonexistence of sexual contact during the probable period of conception. In a

proceeding to establish paternity and/or support brought pursuant to the Rhode Island state plan

for child and spousal support enforcement, in conformance with title IV, part D of the federal

Social Security Act, 42 U.S.C. § 651 et seq., if the alleged father denies paternity in response to a

paternity complaint and provides a sworn affidavit as provided in this section, the division of

taxation within the department of administration shall have the authority to administratively order

the parties to attend a blood or tissue typing test~~ing~~ test and schedule blood or tissue typing

test~~ing~~ for the parties, of the type described in this section, without the necessity of making

application to the court, and the parties shall attend and submit to a blood or tissue typing test

under penalty of default in accordance with § 15-8-18.1.

(b) A blood or tissue typing test shall be made by a person the court determines is

qualified as an examiner of blood or tissue types.

and may direct the compensation to be paid by the state, or by any other party to the case, or by

both, in the proportions and at the times the court prescribes, and that, after payment by a party,

all or part or none of the payment shall be taxed as costs in the action. Before the making of a

blood or tissue typing test, the court may order any part or all of the compensation paid in

advance.

(d) The result of a blood or tissue typing test and, if a determination of exclusion of

paternity cannot be made, a calculation of the probability of paternity made by a person the court

determines is qualified as an examiner of blood or tissue types based on the result of a blood or

tissue typing test shall be admissible in evidence in the trial of the case. A written report of the

test results, including a calculation of the probability of paternity or a determination of exclusion

of paternity, prepared by the qualified expert conducting the test, or by a qualified expert under

whose supervision or direction the test and analysis have been performed, certified by an affidavit

duly subscribed and sworn to by him or her before a notary public, may be introduced into

evidence without the need for foundation testimony or other proof of authenticity or accuracy and

without the necessity of calling the expert as a witness, unless an objection challenging the test

procedures or results has been filed within ten (10) days before any hearing at which the results

may be introduced into evidence and a cash bond posted with the registry of the family court in

an amount sufficient to cover the costs of the qualified expert to appear and testify.

(e) If the results of the blood or tissue typing tests admitted into evidence establish a

ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father

of the child, then that probability shall constitute a conclusive presumption of paternity.

(f) Any reference to 'blood test' in this chapter shall mean blood or tissue typing test.

*Chapter 04-006