Section 522:4 Effect of Test Results.
I. Tests taken pursuant to RSA 522:1 shall have the following effect:
(a) If the court finds that the conclusion of all the experts, as disclosed by the evidence based upon the tests, is that the alleged father is not the parent of the child, the question of paternity shall be resolved accordingly.
(b) If the experts disagree in their findings or conclusions, the question shall be weighed with other competent evidence of paternity.
(c) If the blood, tissue and/or genetic marker tests show that the alleged father is not excluded and that the probability of the alleged father's paternity is less than 97 percent, this evidence shall be admitted by the court and shall be weighed with other competent evidence of paternity.
(d) If the blood, tissue and/or genetic marker tests show that the alleged father is not excluded and that the probability of the alleged father's paternity is 97 percent or higher, the alleged father is presumed to be the father, and this evidence shall be admitted. This presumption may be rebutted by clear and convincing evidence.
II. Notarized documentation of the chain of custody of the blood, tissue and/or genetic marker samples is competent evidence to establish the chain of custody.
III. A notarized report of the blood, tissue and/or genetic marker tests, prepared by the appointed experts, shall be admitted at trial as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless a written challenge to the testing procedure or results of the blood, tissue and/or genetic marker tests has been filed with the court and delivered to opposing counsel at least 30 days before any hearing set to determine the issue of paternity. Failure to make that timely challenge constitutes a waiver of the right to have the experts appear in person and shall not be grounds for a continuance of the hearing to determine paternity.
IV. If the court's notice of hearing is issued less than 40 days before the hearing to determine paternity, then upon motion by a party setting forth the party's intention to challenge the blood test result, the hearing shall be continued for 45 days.
Source. 1953, 126:4. RSA 522:4. 1988, 234:7. 1990, 149:3. 1994, 260:5, eff. Oct. 1, 1994.