767.84.Genetic tests in paternity actions.

The evidentiary heart of a modern paternity case.

Who is tested. The court shall require the child, the mother, any male for whom there is probable cause to believe he had intercourse with the mother during a possible time of conception, and any male witness who will testify about such relations, to submit to genetic tests. Probable cause can come from a sufficient petition or affidavit, or from an examination under oath where the court thinks one necessary. Three carve-outs: someone already tested under the administrative provision, unless a party asks for more; a deceased respondent whose genetic material cannot be had without undue hardship; and a male respondent who fails to appear where another man's results have already raised the presumption, unless that presumption is rebutted.

The report. Tests are performed by a court-appointed expert qualified as an examiner of genetic markers. The expert's certified report is admissible without expert testimony if the offering party filed it and notified the other parties at least 10 days before the hearing, the department or agency notified the alleged father of the results and of his right to object in writing by the day before the hearing at least 10 days beforehand, and he did not object.

The presumption. Where the tests do not exclude the alleged father and the statistical probability of his parentage is 99.0 percent or higher, he is rebuttably presumed to be the child's parent.

Exclusion. Results excluding an alleged father are conclusive evidence of nonpaternity and the court shall dismiss the action as to him. Results excluding a male witness are conclusive too, and testimony about the mother's relations with anyone so excluded becomes inadmissible.

Refusing. A party's refusal is disclosed to the fact finder and is contempt of court. If the mother brought the action and then refuses to submit herself or the child, the action is dismissed.

Who pays. The county, unless the court finds at the close of the proceeding that a party has sufficient resources to reimburse it. Where a second or further identical series of tests is performed on the same person, the person requesting it pays in advance, unless indigent.

Surprise witnesses. A party calling a male witness to testify to intercourse with the mother must give the other parties his name and address 20 days before the hearing. Without that notice the court may adjourn to have him tested first — but only if the party who called him acted in good faith.