Title 78B Chapter 15 Section 613

Judicial Code
Utah Uniform Parentage Act
Section 613
Admissibility of results of genetic testing -- Expenses.


78B-15-613.   Admissibility of results of genetic testing -- Expenses.

            (1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The admissibility of the report is not affected by whether the testing was performed:

            (a) voluntarily or pursuant to an order of the tribunal; or

            (b) before or after the commencement of the proceeding.

            (2) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, video conference, deposition, or another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party offering the testimony bears the expense for the expert testifying.

            (3) If a child has a presumed or declarant father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:

            (a) pursuant to Section 78B-15-503;

            (b) within the time periods set forth in this chapter; and

            (c) pursuant to a tribunal order or administrative process; or

            (d) with the consent of both the mother and the presumed or declarant father.

            (4) If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge paternity except as set forth in Sections 78B-15-607 and 78B-15-608.

            (5) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:

            (a) the amount of the charges billed; and

            (b) that the charges were reasonable, necessary, and customary.

Renumbered and Amended by Chapter 3, 2008 General Session