26.26.435 - Genetic testing when specimen not available.

Genetic testing when specimen not available.

(1) If a genetic testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, a court may order the following individuals to submit specimens for genetic testing:

     (a) The parents of the man;

     (b) Brothers and sisters of the man;

     (c) Other children of the man and their mothers; and

     (d) Other relatives of the man necessary to complete genetic testing.

     (2) If a specimen from the mother of a child is not available for genetic testing, the court may order genetic testing to proceed without a specimen from the mother.

     (3) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.

[2002 c 302 § 408.]