FCRPP 13.Genetic testing

Last amended February 1, 2020 · Current through July 1, 2026 · Last verified September 8, 2026

In one sentenceFCRPP 13 lets the court order genetic testing where paternity is at issue, and puts a 30-day clock on filing the report and on dismissal where the test excludes the defendant.

Full Text of FCRPP 13

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When paternity is an issue in any action, the court may order the mother, child and the putative father to submit to genetic tests as follows:

(1) In a case in which paternity is denied or in which the parties request genetic testing, on motion made by any party, a pretrial order shall be entered by the court forthwith which requires both parties and the child to submit to genetic tests in accordance with KRS 406.081 or 406.091 unless an agreed order is entered.

(2) Within 30 days of receipt of the genetic report, the petitioner shall file the original report with the court in support of a motion to dismiss, a motion for trial or a motion for summary judgment. This does not preclude prehearing conferencing in the interim which may extend the 30 days by agreement or resolve the issues.

(3) In those cases in which the genetic test report excludes the defendant from the paternity of the child, the court, after the expiration of 30 days from the date of the filing of the exclusionary report, shall enter an order of dismissal in favor of the defendant unless a motion for additional testing pursuant to KRS 406.091 is filed prior to the expiration of the 30 days.

End

Amendment History

Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.

HISTORY: Adopted by Order 2020-1, eff. 2-1-20

Plain-English Summary

Where paternity is an issue in any action, the court may order the mother, the child and the putative father to submit to genetic tests. Where paternity is denied, or the parties request testing, a pretrial order requiring the tests is entered forthwith on any party's motion — unless the parties enter an agreed order instead.

The report then drives the case on a 30-day rhythm. Within 30 days of receiving the genetic report the petitioner files the original with the court, supporting a motion to dismiss, a motion for trial, or a motion for summary judgment. Prehearing conferencing may go on in the meantime and may extend those 30 days by agreement, or resolve the issues altogether.

An exclusionary result has its own timetable. Where the report excludes the defendant from paternity, the court enters an order of dismissal in his favour after 30 days from the filing of that report — unless a motion for additional testing is filed before those 30 days expire. The window to ask for a retest closes with the same clock that ends the case.

Frequently Asked Questions

Can a Kentucky court order a paternity test?

Yes. Where paternity is an issue in any action the court may order the mother, child and putative father to submit to genetic tests, and where paternity is denied or the parties request testing a pretrial order requiring them is entered forthwith.

How long do I have to file the genetic report?

Within 30 days of receipt, filed with the court in support of a motion to dismiss, a motion for trial or a motion for summary judgment. Prehearing conferencing may extend that period by agreement.

What happens if the test excludes the alleged father?

After 30 days from the filing of the exclusionary report the court enters an order of dismissal in the defendant's favour, unless a motion for additional testing is filed before those 30 days expire.

Source & verification. The rule text and amendment history are reproduced verbatim from the Kentucky Family Court Rules of Procedure and Practice (Ky. FCRPP FCRPP 13). Promulgated by the Supreme Court of Kentucky. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: paternity Kentuckygenetic testingDNA test paternityputative fatherexclusionary report