§ 19-7-43.Petition; by whom brought; effect of agreement on right to bring petition; stay pending birth of child; court order for blood tests; genetic tests

Five kinds of people may petition to establish a child’s paternity: the child; the mother; any relative caring for the child; the Department of Human Services, on behalf of a child receiving public assistance or a child whose custodian has applied for services; and a man alleged to be the father. An agreement between an alleged or presumed father and the mother or child doesn’t bar a petition, whatever it says, unless the court approved it under Article 3. A petition filed before the birth is stayed until after the birth, except for service of process, discovery and depositions.

Genetic testing is the heart of most cases. Where paternity hasn’t been established, the court may, on its own motion or a party’s, order the mother, alleged father and child to be tested as § 19-7-45 specifies. A party’s motion must be backed by a sworn statement that either alleges paternity and gives facts showing a reasonable possibility of sexual contact between the parties, or denies paternity and gives facts showing a reasonable possibility there was none. The court must grant a party’s motion unless it finds a good excuse for not cooperating.

The Department of Human Services has its own testing duty. In a child support case it handles where paternity isn’t established, or where the person receiving services says someone other than the established father is the father, the Department must order genetic testing, backed by a sworn statement alleging paternity and setting out facts showing a reasonable possibility of sexual contact. It may not test if the child was adopted by the applicant or the other alleged parent, or was conceived through artificial insemination, in vitro fertilization or a similar assisted method. The parties get notice and a chance to contest the order before testing or any sanction.

When a party receives child support services under § 19-11-6, the Department pays for court- or agency-ordered tests and may recoup the cost from the alleged father if paternity is established. If the test excludes him, the applicant who named him owes the Department the testing fee. After the first test and before any order, a second test must be ordered for anyone who pays in full, up front, for both the first and second tests. A party who, after mailed notice to the last known address, won’t cooperate or won’t produce the child may be sanctioned by the Department, including loss of testing, loss of state benefits, denial of services and case closure, and the Department may seek contempt when a court order is violated. The section was last amended in 2025.