Title 15: Domestic Relations
Chapter 5: DESERTION AND SUPPORT
15 V.S.A. § 304. Submission to genetic testing; test results
§ 304. Submission to genetic testing; test results
(a) On motion of a party, the court shall require the child, the defendant or defendants, and any acknowledged parent to submit to appropriate genetic testing for the determination of parentage. A party shall be exempt from genetic testing for good cause.
(b) The results of genetic testing are relevant to proceedings under this chapter in order to prove parentage or to disprove parentage.
(c) A party in possession of the results of genetic testing shall make such results available to any other party upon receipt of the results.
(d) Unless waived by the parties, any party intending to rely on the results of genetic testing must:
(1) make the test results available to the other parties at least 15 days prior to any hearing at which the results may be introduced into evidence;
(2) give notice of the intent to use the test results at the hearing; and
(3) give the other parties notice of this statutory section including the need to object in a timely fashion.
(e) Any motion objecting to genetic test results must be made in writing to the court and to the party intending to introduce the evidence not less than five days prior to any hearing at which the results may be introduced into evidence. If no timely objection is made, the written results shall be admissible as evidence without the need for foundation testimony or other proof of authenticity or accuracy.
(f) Upon or after the filing of a parentage action, the office of child support may issue a notice by certified mail, return receipt requested, to the child, alleged parent and any acknowledged parent to appear and submit to appropriate genetic testing for the determination of parentage if the notice is accompanied by a sworn statement:
(1) alleging parentage, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or
(2) denying parentage, and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.
(g) Written bills for pregnancy, childbirth and genetic testing costs shall be admissible as evidence without requiring third party foundation testimony, and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. (Added 1983, No. 231 (Adj. Sess.), § 1, eff. May 14, 1984; amended 1989, No. 120; 1989, No. 221 (Adj. Sess.), § 15; 1993, No. 228 (Adj. Sess.), § 11; 1997, No. 63, § 4, eff. Sept. 1, 1997.)