25-816. Title IV-D child support; paternity establishment; genetic testing

A. On receipt of a sworn statement by the mother or the alleged father alleging paternity and setting forth the facts establishing a reasonable possibility of the requisite sexual contact between the parties, the department of economic security or its agent may order the mother, her child or children and the alleged father to submit to the drawing of blood or tissue samples for genetic testing of a type generally acknowledged as reliable by accreditation bodies.  If the mother cannot be located the department or its agent may order the caretaker of the child or children to present the child or children for genetic testing.  The order shall be served by first class mail or delivered at least ten business days before the genetic testing.  The department or its agent shall pay the costs of the test subject to repayment from the mother or the alleged father if paternity is established. An order of genetic testing issued by the department or its agent has the same force and effect as a superior court order.

B. If the results of the genetic testing indicate that the likelihood of the alleged father's paternity is ninety-five per cent or greater, the alleged father is presumed to be the parent of the child and the party opposing the establishment of the alleged father's paternity shall establish by clear and convincing evidence that he is not the father of the child.

C. A person who is tested pursuant to this section may contest the test results in writing to the department or its agent within thirty days after the department or its agent mails the results to that person. If the original test results are contested in a timely manner, on request and advance payment by the requesting party, the department or its agent shall order a second genetic test pursuant to subsection A.