§ 15-8.1-608. Adjudication of parentage of child with alleged genetic parent.
(a)(1) If genetic testing results, pursuant to § 15-8.1-604, exclude an individual as the genetic parent of a child, the court shall find that individual is not a genetic parent of the child and may not adjudicate the individual as the child’s parent on the basis of genetic testing.
(2) If genetic testing results, pursuant to § 15-8.1-604, identify an individual as the genetic parent of a child and the only other individual with a claim to parentage of the child is the individual who gave birth to the child, the court shall find that individual to be the genetic parent and may adjudicate the individual as the child’s parent if the alleged genetic parent:
(i) Is identified under § 15-8.1-604 as a genetic parent of the child and the identification is not successfully rebutted under § 15-8.1-604;
(ii) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines the alleged genetic parent to be a parent of the child;
(iii) Declines to submit to genetic testing ordered by the court or the office of child support services, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;
(iv) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or
(v) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.
(3) Subject to other limitations in this chapter, if in a proceeding involving an alleged genetic parent, at least one other individual in addition to the individual who gave birth to the child has a claim of parentage of the child, the court shall adjudicate parentage under § 15-8.1-206.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.