210.834. Blood tests--expert defined. - Missouri Statutes

Blood tests--expert defined.

210.834. 1. The court may, and upon request of any party shallrequire the child, mother, alleged father, any presumed father who is aparty to the action, and any male witness who testifies or shall testifyabout his sexual relations with the mother at the possible time ofconception, to submit to blood tests. The tests shall be performed by anexpert as defined in subsection 7 of this section.

2. The court, upon reasonable request by a party, may order thatindependent tests be performed by other experts as defined in this section.

3. If any party refuses to submit to blood tests ordered by the courtpursuant to subsection 1 or 2 of this section, such refusal shallconstitute civil contempt of court and shall be admissible as evidence inthe action. In addition, upon motion and reasonable notice to the partyrefusing to submit to blood tests, the court shall, except for good causeshown, enter an order striking the party's pleadings and rendering ajudgment by default on the issue of the existence of the parent-and-childrelationship.

4. Whenever the court finds that the results of the blood tests showthat a person presumed or alleged to be the father of the child is not thefather of such child, such evidence shall be conclusive of nonpaternity andthe court shall dismiss the action as to that party, and the cost of suchblood tests shall be assessed against the party instituting the actionunless the division of child support enforcement, through a prosecutingattorney or circuit attorney or other attorney under contract with suchdivision, is a party to such action, in which case the cost of such bloodtests shall be assessed against the state. The court shall order the stateto pay reasonable attorney's fees for counsel and the costs of any bloodtests where such blood tests show that the person presumed or alleged to bethe father of the child is not the father of such child and the stateproceeds further in an action pursuant to sections 210.817 to 210.852 toattempt to establish that such person is the father of the child.

5. Certified documentation of the chain of custody of the blood ortissue specimens is competent evidence to establish such chain of custody.An expert's report shall be admitted at trial as evidence of the testresults stated therein without the need for foundation testimony or otherproof of authenticity or accuracy, unless a written motion containingspecific factual allegations challenging the testing procedures, the chainof custody of the blood or tissue specimens, or the results has been filedand served on each party, and the motion is sustained by the court or anadministrative agency not less than thirty days before the trial.

6. The provisions of subsection 5 of this section shall also applywhen the blood tests were not ordered by the court, if the court finds thatthe tests were conducted by an expert as defined in subsection 7 of thissection.

7. As used in sections 210.817 to 210.852, the term "expert" shallinclude, but not be limited to, a person who performs or analyzes a genetictest of a type generally acknowledged as reliable by accreditation bodiesdesignated by the secretary of the Department of Health and Human Servicespursuant to 42 U.S.C. 666(a) and performed by a laboratory approved by suchaccreditation bodies.

(L. 1987 S.B. 328 § 11, A.L. 1994 H.B. 1491 & 1134, A.L. 1997 S.B. 361)

Effective 7-1-97

(1989) Where statute and supreme court rule are inconsistent, statutory provisions providing for the taking of blood tests by court-designated experts and specifying the weight to be accorded blood test results in paternity proceedings related to more than just matters of practice, procedure and pleading and statute is not subservient to supreme court rule. State ex rel. Newton v. Conklin, 767 S.W.2d 112 (Mo.App.S.D.).