SB1295 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-807, Arizona Revised Statutes, is amended to read:

START_STATUTE25-807. Precedence of maternity and paternity proceedings; summary judgment

A. Proceedings to establish maternity and paternity have precedence over other civil proceedings. The case shall be set for trial within sixty days from the filing of an answer by the respondent.

B. A delay in determining paternity in an action commenced before the birth of the child shall be granted until after the birth of the child for purposes of paternity tests if any party to the proceedings requests.

C. The court, on its own motion or on motion of any party to the proceedings, shall order the mother, her child or children and the alleged father to submit to genetic testing and shall direct that inherited characteristics to determine parentage, including blood and tissue type, be determined by appropriate testing procedures conducted by an accredited laboratory. If the mother is unavailable or fails to cooperate by refusing to submit to genetic testing, testing of the alleged father and child or children may be appropriate. An expert duly qualified as an examiner of genetic markers shall be agreed on by the parties or appointed by the court to analyze and interpret the results and report to the court.

D. If the results of the genetic tests 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 the alleged father is not the father of the child.

E. The examiner's report shall be admitted at trial unless a timely written challenge to the examiner's report is filed with the court within twenty days of the date the report was filed with the court. If the results of the examiner's report have been challenged and on the reasonable request of a party, the court shall order an additional test to be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.

F. If a timely written challenge is not filed pursuant to subsection E, the examiner's report is admissible in evidence without the need for foundation testimony or other proof of authenticity or accuracy.

G. The court, on application of either party, shall determine the proportion and time in which the initial test costs shall be paid.

H. On motion of a party to the proceedings, the court may order that experts perform alternative or additional tests including medical, scientific and genetic tests.

I. C. Either party may apply for summary judgment on the issue of paternity.

J. A state or local agency in this state, including the department of economic security, the department of child safety, the state department of corrections and any other correctional facility that has custody of a person who is the subject of the genetic testing order, shall treat a genetic testing order issued in another state that appears to be in good order as if it were issued by a court of this state.

K. Notwithstanding any other law, an agency, agency employee or agency contractor that acts in good faith to cooperate in obtaining genetic testing samples under this section is not subject to civil or criminal liability. END_STATUTE

Sec. 2. Repeal

Section 25-814, Arizona Revised Statutes, is repealed.

Sec. 3. Title 25, chapter 6, article 1, Arizona Revised Statutes, is amended by adding a new section 25-814, to read:

START_STATUTE25-814. Presumption of parentage; definition

A. An individual is presumed to be a parent of the child if any of the following is true:

1. The individual and the woman who gave birth to the child are married to each other and the child is born during the marriage.

2. The individual and the woman who gave birth to the child were married to each other and the child is born not more than three hundred days after the marriage is terminated by death, dissolution, annulment or declaration of invalidity or a decree of separation.

3. The individual and the woman who gave birth to the child married each other after the birth of the child, the individual at any time asserted parentage of the child and either of the following is true:

(a) The assertion is in a record that is filed with the department of health services.

(b) The individual agreed to be and is named as a parent of the child on the child's birth certificate.

4. Genetic testing affirms at least a ninety-five percent probability of paternity.

5. A birth certificate is signed by the parents of a child born out of wedlock.

6. Both parents sign a notarized or witnessed statement that acknowledges parentage or each parent signs a separate substantially similar notarized or witnessed statement that acknowledges parentage.

B. If another individual is presumed to be the child's parent under subsection A, paragraph 1 of this section, an acknowledgment of parentage may be effected only with the written consent of the presumed parent or after the presumption is rebutted. If the presumed parent has died or cannot reasonably be located, parentage may be established without written consent.

C. A presumption under this section may be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the evidence, is based on weightier considerations of policy and logic controls. A court decree that establishes the parentage of the child by another individual rebuts the presumption.

D. For the purposes of this section, "marriage" includes a marriage that is or could be declared invalid. END_STATUTE

Sec. 4. Repeal

Section 25-816, Arizona Revised Statutes, is repealed.

Sec. 5. Title 25, chapter 6, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2. GENETIC TESTING

START_STATUTE25-831. Definitions

In this article, unless the context otherwise requires:

1. "Combined relationship index" means the product of all tested relationship indices.

2. "Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for compensation, and who is not an intended parent.

3. "Ethnic or racial group" means a recognized group that an individual identifies as the individual's ancestry or part of the individual's ancestry or that is identified by other information.

4. "Hypothesized genetic relationship" means an asserted genetic relationship between an individual and a child.

5. "Intended parent" means a married or unmarried individual who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.

6. "Probability of parentage" means, for the ethnic or racial group to which an individual alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.

7. "Relationship index" means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship. END_STATUTE

START_STATUTE25-832. Applicability

A. This article governs the genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual voluntarily submits to testing or is tested under an order of the court or a child support agency.

B. Genetic testing may not be used to establish the parentage of an individual who is a donor. END_STATUTE

START_STATUTE25-833. Court-ordered genetic testing; out-of-state orders; immunity

A. Except as otherwise provided in this chapter, in a proceeding to determine parentage, the court shall order the child and any other individual to submit to genetic testing if a request for genetic testing is filed with the court and is supported by the sworn statement of a party that does either of the following:

1. Alleges a reasonable possibility that the individual is the child's genetic parent.

2. Denies genetic parentage of the child and states facts that establish a reasonable possibility that the individual is not a genetic parent.

B. A child support agency may order genetic testing only if there is no presumed, acknowledged or adjudicated parent of a child other than the woman who gave birth to the child.

C. The court or child support agency may not order in utero genetic testing.

D. If two or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially.

E. Genetic testing of a woman who gave birth to a child is not a condition precedent to genetic testing the child and an individual whose genetic parentage of the child is being determined. If the woman is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated.

F. In a proceeding to adjudicate the parentage of a child who has a presumed parent or to challenge an acknowledgment of parentage, the court may deny a motion for genetic testing of the child and any other individual if the court determines that genetic testing is not in the best interest of the child.

G. If an individual who requests genetic testing is barred under other law from establishing the individual's parentage, the court shall deny the request for genetic testing.

H. The court may enforce a genetic testing order through the court's contempt powers.

I. A state or local agency in this state, including the department of economic security, the department of child safety, the state department of corrections and any other correctional facility that has custody of a person who is the subject of the genetic testing order, shall treat a genetic testing order issued in another state that appears to be in good order as if it were issued by a court of this state.

J. Notwithstanding any other law, an agency, agency employee or agency contractor that acts in good faith to cooperate in obtaining genetic testing samples under this article is not subject to civil or criminal liability. END_STATUTE

START_STATUTE25-834. Types of genetic testing; specimens; database; objection; additional testing

A. Genetic testing must be of a type that is reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory that is accredited by either of the following:

1. A national association of blood banks.

2. An accrediting body that is designated by the secretary of the United States department of health and human services.

B. A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

C. Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or a child support agency objects to the testing laboratory's database choice, the following rules apply:

1. Within thirty days after receipt of the report of the test, the objecting individual or child support agency may request the court to require the testing laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the testing laboratory.

2. The individual or the child support agency that objects to the testing laboratory's database choice shall do either of the following:

(a) If the requested frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies.

(b) Engage another testing laboratory to perform the calculations.

3. The testing laboratory may use its own statistical estimate if there is a question which ethnic or racial group is appropriate. The testing laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested.

D. If, after recalculation of the relationship index under subsection C, paragraph 3 of this section using a different ethnic or racial group, genetic testing does not identify an individual as a genetic parent of a child as provided in section 25‑836, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent. END_STATUTE

START_STATUTE25-835. Genetic testing report

A. A report of genetic testing must be in a record and signed under penalty of perjury by an individual who is designated by the testing laboratory. A report that complies with this section is self‑AUTHENTICATING.

B. Documentation from a testing laboratory of all of the following information is sufficient to establish a reliable chain of custody and allow the results of genetic testing to be admissible without testimony:

1. The name and a photograph of each individual whose specimen was taken.

2. The name of the individual who collected each specimen.

3. the place and date each specimen was collected.

4. The name of the individual who received each specimen in the testing laboratory.

5. the date each specimen was received. END_STATUTE

START_STATUTE25-836. Identification of genetic parent; challenge

A. Subject to a challenge under subsection B of this section, an individual is identified as a genetic parent of a child if genetic testing complies with this article and the results of the testing disclose both of the following:

1. The individual has at least a ninety‑nine percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing.

2. A combined relationship index of at least 100 to 1.

B. An individual who is identified as a genetic parent of the child pursuant to subsection A of this section may challenge the genetic testing results only by other genetic testing that satisfies the requirements of this article and that does either of the following:

1. Excludes the individual as a genetic parent of the child.

2. Identifies another individual as a possible genetic parent of the child other than either of the following:

(a) The woman who gave birth to the child.

(b) The individual identified under subsection A of this section.

C. Except as provided in section 25‑838, subsection D, if more than one individual other than the woman who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent. END_STATUTE

START_STATUTE25-837. Costs

A. Subject to the assessment of costs under section 25-809, payment of the cost of initial genetic testing must be made in advance:

1. By a child support agency in a proceeding in which the child support agency is providing services.

2. By the individual who made the request for genetic testing.

3. As agreed by the parties.

4. As ordered by the court.

B. If the cost of genetic testing is paid by a child support agency, the agency may seek reimbursement from the genetic parent whose parent-child relationship is established. END_STATUTE

START_STATUTE25-838. Additional genetic testing; specimen unavailability; deceased person; identical sibling

A. The court or child support agency shall order additional genetic testing on request of an individual who contests the result of the initial testing under section 25-836. If initial genetic testing identified an individual as a genetic parent of the child, the court or child support agency may not order additional testing unless the contesting individual pays for the testing in advance.

B. Except as provided in subsection C of this section, if a specimen for genetic testing is not available from an alleged genetic parent of a child, an individual who is seeking genetic testing demonstrates good cause and the court finds that the circumstances are just, the court may order any of the following individuals to submit specimens for genetic testing:

1. A parent of the alleged genetic parent.

2. A sibling of the alleged genetic parent.

3. Another child of the alleged genetic parent and the woman who gave birth to the other child.

4. Another relative of the alleged genetic parent necessary to complete genetic testing.

C. The court must find that the need for genetic testing outweighs the legitimate interests of the individual sought to be tested to issue an order for genetic testing.

D. If an individual who is seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual.

E. If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling.

F. If more than one sibling is identified as a genetic parent of the child pursuant to section 25-836, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child. END_STATUTE

START_STATUTE25-839. Release of identifiable specimen; violation; classification

A. It is unlawful for an individual to intentionally release an identifiable specimen of another individual that was collected for genetic testing if the individual releases the specimen for a purpose that is not relevant to a proceeding regarding parentage and without a court order or the written permission of the other individual who furnished the specimen.

B. An individual who violates this section is guilty of a class 1 misdemeanor. END_STATUTE