38-1119. Evidence.
38-1119
38-1119. Evidence.(a) Evidence relating to paternity mayinclude any of the following:
(1) Evidence of sexual intercourse between the mother and alleged fatherat any possible time of conception.
(2) An expert's opinion concerning the statistical probability of thealleged father's paternity based upon the duration of the mother's pregnancy.
(3) Genetic test results of the statistical probability of theallegedfather's paternity.
(4) Medical or anthropological evidence relating to the alleged father'spaternity of the child based on tests performed by experts. The court may,and upon request of a party shall, require the child, the mother and thealleged father to submit to appropriate tests.
(5) Testimony, records and notes of a physician concerning the medicalcircumstances of thepregnancy and the condition and characteristics of the child upon birth.Such testimony, records and notes are not privileged.
(6) Any other evidence relevant to the issue of paternity of the child,including but not limited to voluntary acknowledgment of paternity made inaccordance with K.S.A. 38-1138 andamendments thereto.
(b) Testimony relating to sexual access to the mother by a man at a timeother than the probable time of the conception of the child is inadmissible inevidence.
(c) For any child whose weight at birth is equal to or greater than fivepounds 12 ounces, or 2,608.2 grams, it shall be presumed that the child wasconceived between 300and 230 days prior to the date of the child's birth. A presumption under thissection may be rebutted by clear and convincing evidence.
(d) Evidence consisting of the results of any genetic test that is of atype generally acknowledged as reliable by accreditation bodies designated bythe secretary of social and rehabilitation services shall not be inadmissiblesolely on the basis of being performed by a laboratory approved by such anaccreditation body.
(e) Evidence of expenses incurred for pregnancy, childbirth and genetictests may be admitted asevidence without requiring third-party foundation testimony and shallconstitute prima facie evidence of amounts incurred for such goods andservices.
History: L. 1985, ch. 114, § 10;L. 1991, ch. 110, § 2;L. 1994, ch. 292, § 9;L. 1997, ch. 182, § 64; July 3.