Sec. 46b-168. (Formerly Sec. 52-184). Genetic tests when paternity is at issue. Assessment of costs. - Connecticut Statutes

      Sec. 46b-168. (Formerly Sec. 52-184). Genetic tests when paternity is at issue. Assessment of costs. (a) In any proceeding in which the question of paternity is at issue the court or a family support magistrate, on motion of any party, may order genetic tests which shall mean deoxyribonucleic acid tests, to be performed by a hospital, accredited laboratory, qualified physician or other qualified person designated by the court, to determine whether or not the putative father or husband is the father of the child. The results of such tests, whether ordered under this section or required by the IV-D agency under section 46b-168a, shall be admissible in evidence to either establish definite exclusion of the putative father or husband or as evidence that he is the father of the child without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made in writing not later than twenty days prior to the hearing at which such results may be introduced in evidence.

      (b) In any proceeding in which the question of paternity is at issue, the results of such genetic tests, whether ordered under this section or required by the IV-D agency under section 46b-168a, shall constitute a rebuttable presumption that the putative father is the father of the child if the results of such tests indicate a ninety-nine per cent or greater probability that he is the father of the child, provided the petitioner has presented evidence that sexual intercourse occurred between the mother and the putative father during the period of time in which the child was conceived.

      (c) The costs of making tests provided by this section shall be chargeable against the party making the motion, provided if the court finds that such party is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or is otherwise indigent and unable to pay such costs, such costs shall be paid by the state.

      (1957, P.A. 367; P.A. 81-433, S. 1, 3; P.A. 89-360, S. 41, 45; P.A. 93-329, S. 10; P.A. 94-93; June 18 Sp. Sess. P.A. 97-7, S. 20, 38; P.A. 06-149, S. 10.)

      History: Sec. 52-184 transferred to Sec. 46b-168 in 1979; P.A. 81-433 added proviso re state payment of costs for indigent and indigent's subsequent liability for costs if judged to be child's father; P.A. 89-360 amended Subsec. (a) by adding "or family support magistrate" and deleting provision re payment of costs of tests and added Subsecs. (b) and (c) re order by court or family support magistrate of genetic tests to determine paternity, admissibility of evidence and payment of costs of such tests; P.A. 93-329 deleted former Subsec. (a) re blood grouping tests in proceeding where question of paternity is an issue relettering former Subsecs. (b) and (c) as (a) and (b) and amended relettered Subsec. (a) by deleting reference to prior blood grouping tests and substituting "deoxyribonucleic acid tests" for "human leukocyte antigen tests or DNA"; P.A. 94-93 added provisions making genetic test results a rebuttable presumption that the putative father is the father of the child if the results of such tests indicate a 99% or greater probability that he is the father of the child and if there is evidence presented that sexual intercourse occurred between the mother and father during the time in question as new Subsec. (b), relettering former Subsec. as (c); June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by adding reference to Sec. 46b-168a and adding provision that genetic test shall be admissible to establish paternity without need for foundation testing or other proof of authenticity or accuracy, unless objection made in writing 20 days before hearing and amended Subsec. (b) by adding reference to Sec. 46b-168a, effective July 1, 1997; P.A. 06-149 amended Subsec. (c) to delete requirement that party adjudicated to be father shall reimburse the state for costs of tests, and inserted provision that the state shall pay costs of tests for party who is a low-income obligor or is otherwise indigent and unable to pay, effective June 6, 2006.

      Annotations to former section 52-184:

      Cited. 170 C. 367.

      Cited. 32 CS 619.

      Not mandatory that all parties be present for test at same time. 4 Conn. Cir. Ct. 363. Admission of inconclusive blood tests harmless to defendant where other evidence of his paternity was sufficient to sustain verdict. Id., 713.

      Annotations to present section:

      Cited. 188 C. 354. Cited. 196 C. 403; Id., 413. "... admissibility of the results from the combined blood grouping and human leukocyte antigen (HLA) testing is not precluded" by the statute. 201 C. 16. Cited. 225 C. 185.

      Cited. 9 CA 431. Cited. 10 CA 181. Cited. 25 CA 155. Cited. 33 CA 632. Cited. 36 CA 138. Cited. 40 CA 33.

      Use of the words "shall" and "may" in this section indicates an affirmative selection of words with a specific intent to make use of each word's distinctive meaning. Where, as here, the statutory language is clear and unambiguous, there is no room for construction. 35 CS 679. Trial court had no authority to order the department of social services to pay the cost of blood grouping tests for an indigent defendant. No denial of equal protection in charging the expenses to the party who moves for the tests. Id., 686. Cited. 39 CS 230. Cited. 40 CS 66. Cited. 42 CS 562. Cited. 44 CS 145.

      Subsec. (a):

      Cited. 221 C. 264. Cited. 234 C. 51.

      Subsec. (b):

      Cited. 228 C. 610, 614.