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

May 15, 2021 | Connecticut, Family Law

(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.

Conn. Gen. Stat. ยง 46b-168

(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.)

Annotations to former section 52-184: Cited. 170 Conn. 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 Conn. 354; 196 Conn. 403; Id., 413. Admissibility of the results from combined blood grouping and human leukocyte antigen testing is not precluded by statute. 201 Conn. 16. Cited. 221 C. 264; 225 Conn. 185; 228 C. 610, 614; 234 Conn. 51. Cited. 9 CA 431; 10 CA 181; 25 CA 155; 33 Conn.App. 632; 36 CA 138; 40 CA 33. Use of the words “shall” and “may” in 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 Conn.Supp. 679. Trial court had no authority to order Department of Social Services to pay the cost of blood grouping tests for an indigent defendant; no denial of equal protection in charging expenses to the party who moves for the tests. Id., 686. Cited. 39 CS 230; 40 Conn.Supp. 66; 42 Conn.Supp. 562; 44 Conn.Supp. 145.