TITLE LIII
PROCEEDINGS IN COURT
Chapter 522
BLOOD TEST TO DETERMINE PATERNITY
Section 522:1
522:1 Authority for Test. –
I. In a civil action in which paternity is a contested and relevant issue, the mother, child, and putative father shall submit to blood, tissue typing, and/or genetic marker tests which may include, but are not limited to, tests of red cell antigens, serum proteins, and deoxyribonucleic acid (DNA) analysis. The genetic samples collected shall be subject to safeguarding and confidentiality procedures and used exclusively for purposes of paternity testing. Testing shall be ordered as follows:
(a) The court may order genetic paternity testing upon the motion of any party or upon its own initiative. If the court determines that a motion for testing is made for the purpose of delay, the court may deny the motion. The court may order payment of costs related to testing. If any party refuses to submit to such tests, the court may resolve the question of paternity against such party.
(b) The department of health and human services (the department) may order genetic paternity testing upon agreement of the parties or upon the request of any party, if the request is supported by a sworn statement alleging paternity and setting forth facts which reasonably establish the requisite sexual contact; or denying paternity and setting forth facts which reasonably establish a lack of the requisite sexual contact. The state shall pay the costs related to such testing, subject to recoupment from the father if paternity is established.
II. For genetic paternity testing pursuant to RSA 522:1, I(b) the following administrative procedures apply:
(a) The department shall serve the parties with notice and order for genetic paternity testing. Unless the order is contested by any party, the order is effective as to the party served, upon the expiration of 11 days after service. Service of the notice and order shall be by certified mail or other method as provided by law and shall include:
(1) The names and dates of birth of the individuals to be tested pursuant to the order;
(2) A statement explaining the rights and responsibilities associated with paternity establishment;
(3) A copy of the order including an appointment with the date, time, and place for collecting the genetic samples;
(4) A statement of the administrative and judicial procedures available to contest the order.
(b) Any party may request a supervisory review of the order. The request must be in writing and received by the department within 10 days of the date that the party received service of the notice and order. Issues that may be considered on review are limited to mistake of fact. Within 10 days of the review, the person conducting the review shall issue a written decision and forward it to the parties.
(c) Within 10 days of the written decision pursuant to the supervisory review, any party may request an administrative hearing. The hearing shall be conducted by a hearings officer according to the rules for fair hearings adopted by the commissioner pursuant to RSA 541-A. Issues that may be considered at the administrative hearing are limited to mistake of fact. Within 10 days of the administrative hearing, the person conducting the hearing shall issue a written decision and forward it to the parties.
(d) Within 10 days of the written decision of the hearings officer, any party may appeal to the superior court. Such appeal shall be restricted to a review of the record. Upon review the court may request the submission of additional evidence and order a hearing.
(e) Nothing in this section shall preclude any party from filing a petition to determine paternity directly with the court and seeking a judicial determination.
Source. 1953, 126:1. RSA 522:1. 1988, 234:5. 1990, 149:1. 1997, 263:31, eff. Aug. 18, 1997.
Section 522:2
522:2 Selection of Experts. –
The tests shall be made by experts qualified as examiners of blood, tissue types and/or genetic markers who shall be appointed by the court. The experts may be called by the court as witnesses to testify to their findings and, if called, shall be subject to cross-examination by the parties. Any party or person at whose suggestion the tests have been ordered may demand that other experts, qualified as examiners of blood, tissue types and/or genetic markers, perform independent tests under order of court, the results of which may be offered in evidence. The number and qualifications of such experts shall be determined by the court.
Source. 1953, 126:2. RSA 522:2. 1988, 234:6. 1990, 149:2, eff. June 18, 1990.
Section 522:3
522:3 Compensation of Expert Witnesses. –
The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, or that the proportion of any party be paid by the county, and that, after payment by the parties or the county or both, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action.
Source. 1953, 126:3, eff. April 29, 1953.
Section 522:4
522:4 Effect of Test Results. –
I. Tests taken pursuant to RSA 522:1 shall have the following effect:
(a) If the court finds that the conclusion of all the experts, as disclosed by the evidence based upon the tests, is that the alleged father is not the parent of the child, the question of paternity shall be resolved accordingly.
(b) If the experts disagree in their findings or conclusions, the question shall be weighed with other competent evidence of paternity.
(c) If the blood, tissue and/or genetic marker tests show that the alleged father is not excluded and that the probability of the alleged father's paternity is less than 97 percent, this evidence shall be admitted by the court and shall be weighed with other competent evidence of paternity.
(d) If the blood, tissue and/or genetic marker tests show that the alleged father is not excluded and that the probability of the alleged father's paternity is 97 percent or higher, the alleged father is presumed to be the father, and this evidence shall be admitted. This presumption may be rebutted by clear and convincing evidence.
II. Notarized documentation of the chain of custody of the blood, tissue and/or genetic marker samples is competent evidence to establish the chain of custody.
III. A notarized report of the blood, tissue and/or genetic marker tests, prepared by the appointed experts, shall be admitted at trial as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless a written challenge to the testing procedure or results of the blood, tissue and/or genetic marker tests has been filed with the court and delivered to opposing counsel at least 30 days before any hearing set to determine the issue of paternity. Failure to make that timely challenge constitutes a waiver of the right to have the experts appear in person and shall not be grounds for a continuance of the hearing to determine paternity.
IV. If the court's notice of hearing is issued less than 40 days before the hearing to determine paternity, then upon motion by a party setting forth the party's intention to challenge the blood test result, the hearing shall be continued for 45 days.
Source. 1953, 126:4. RSA 522:4. 1988, 234:7. 1990, 149:3. 1994, 260:5, eff. Oct. 1, 1994.
Section 522:4-a
522:4-a Admissible Evidence. –
I. Evidence relating to paternity may include, but is not limited to:
(a) An expert's opinion concerning the time of conception.
(b) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.
(c) Medical, scientific, or genetic evidence relating to the alleged father's paternity of the child based upon tests performed by experts.
(d) The statistical probability of the alleged father's paternity based upon the blood, tissue and/or genetic marker tests.
II. Testimony relating to sexual relations or possible sexual relations of the mother at any time other than the probable time of conception of the child is inadmissible in evidence, unless offered by the mother.
Source. 1988, 234:8. 1990, 149:4, eff. June 18, 1990.
Section 522:5
522:5 Effect of Court's Finding on Presumption of Legitimacy. –
The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, show that the husband is not the father of the child.
Source. 1953, 126:5, eff. April 29, 1953.
Section 522:6
522:6 Applicability to Criminal Actions. –
This chapter shall apply to criminal cases subject to the following limitations and provisions: (a) An order for the tests shall be made only upon application of a party or on the court's initiative; (b) the compensation of the experts shall be paid by the county under order of court; (c) the court may direct a verdict of acquittal upon the conclusions of all the experts under the provisions of RSA 522:4, otherwise the case shall be submitted for determination upon all the evidence.
Source. 1953, 126:6, eff. April 29, 1953.
Section 522:7
522:7 Uniformity of Interpretation. –
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source. 1953, 126:7, eff. April 29, 1953.
Section 522:8
522:8 Severability Clause. –
If any part of this chapter is declared invalid the remaining portion shall continue in full force and effect and shall be construed as being the entire act.
Source. 1953, 126:8, eff. April 29, 1953.
Section 522:9
522:9 Short Title. –
This chapter may be cited as the Uniform Act on Blood Tests to Determine Paternity.
Source. 1953, 126:9, eff. April 29, 1953.
Section 522:10
522:10 Repeal. –
All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed.
Source. 1953, 126:10, eff. April 29, 1953.