§ 15-8-11 - Parentage tests.
SECTION 15-8-11
§ 15-8-11 Parentage tests. – (a) In a proceeding under this chapter before trial, the court, uponapplication made by or on behalf of any party to the action, and supported bysworn 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 tissuetyping tests which may include, but are not limited to, tests of red cellantigens, red cell isoenzymes, human leukocyte antigens, serum proteins, DNAand other genetic testing, to determine whether the alleged father is likely tobe, or is not, the father of the child. The sworn affidavit must include astatement alleging paternity and setting forth facts establishing a reasonablepossibility of sexual contact during the probable period of conception or astatement denying paternity and setting forth facts establishing a reasonablepossibility of the nonexistence of sexual contact during the probable period ofconception. In a proceeding to establish paternity and/or support broughtpursuant to the Rhode Island state plan for child and spousal supportenforcement, in conformance with title IV, part D of the federal SocialSecurity Act, 42 U.S.C. § 651 et seq., if the alleged father deniespaternity in response to a paternity complaint and provides a sworn affidavitas provided in this section, the division of taxation within the department ofadministration shall have the authority to administratively order the partiesto attend a blood or tissue typing test and schedule blood or tissue typingtest for the parties, of the type described in this section, without thenecessity of making application to the court, and the parties shall attend andsubmit to a blood or tissue typing test under penalty of default in accordancewith § 15-8-18.1.
(b) A blood or tissue typing test shall be made by a personthe court determines is qualified as an examiner of blood or tissue types.
(c) The court shall fix or approve the compensation of anyexpert at a reasonable amount, and may direct the compensation to be paid bythe state, or by any other party to the case, or by both, in the proportionsand at the times the court prescribes, and that, after payment by a party, allor part or none of the payment shall be taxed as costs in the action. Beforethe making of a blood or tissue typing test, the court may order any part orall of the compensation paid in advance.
(d) The result of a blood or tissue typing test and, if adetermination of exclusion of paternity cannot be made, a calculation of theprobability of paternity made by a person the court determines is qualified asan examiner of blood or tissue types based on the result of a blood or tissuetyping test shall be admissible in evidence in the trial of the case. A writtenreport of the test results, including a calculation of the probability ofpaternity or a determination of exclusion of paternity, prepared by the dulyqualified expert conducting the test, or by a duly qualified expert under whosesupervision or direction the test and analysis have been performed, certifiedby an affidavit duly subscribed and sworn to by him or her before a notarypublic, may be introduced into evidence without the need for foundationtestimony or other proof of authenticity or accuracy and without the necessityof calling the expert as a witness, unless an objection challenging the testprocedures or results has been filed within ten (10) days before any hearing atwhich the results may be introduced into evidence and a cash bond posted withthe registry of the family court in an amount sufficient to cover the costs ofthe duly qualified expert to appear and testify.
(e) If the results of the blood or tissue typing tests dulyadmitted into evidence establish a ninety-seven percent (97%) or greaterprobability 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 means bloodor tissue typing test.