| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, |
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| 11 | 11 | | 1 |
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| 12 | 12 | | relating to determination of paternity, so as to align evidentiary medical and genetic testing2 |
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| 13 | 13 | | with the Uniform Parentage Act of 2017; to provide for related matters; to repeal conflicting3 |
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| 14 | 14 | | laws; and for other purposes.4 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 16 | 16 | | SECTION 1.6 |
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| 17 | 17 | | Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to7 |
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| 18 | 18 | | determination of paternity, is amended by revising Code Section 19-7-45, relating to genetic8 |
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| 19 | 19 | | tests, as follows:9 |
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| 20 | 20 | | "19-7-45.10 |
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| 21 | 21 | | (a) All orders requiring parties to submit to genetic tests |
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| 22 | 22 | | testing shall be issued in11 |
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| 23 | 23 | | conformance with Code Sections 19-7-43, 19-7-46, and 19-7-54. In all cases such tests12 |
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| 24 | 24 | | genetic testing shall be of a type reasonably relied upon by experts in the field of genetic13 |
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| 25 | 25 | | testing and shall be conducted by a laboratory certified by the American Association of14 |
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| 27 | 27 | | S. B. 135 |
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| 28 | 28 | | - 2 - |
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| 29 | 29 | | Association of Blood Banks requires in order for such results to be admitted as evidence16 |
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| 30 | 30 | | in a court of law by a laboratory accredited by:17 |
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| 31 | 31 | | (1) The AABB, formerly known as the American Association of Blood Banks, or a18 |
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| 32 | 32 | | successor to its functions; or19 |
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| 33 | 33 | | (2) An accrediting body designated by the Secretary of the United States Department of20 |
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| 34 | 34 | | Health and Human Services.21 |
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| 35 | 35 | | (b) When an action to determine paternity is initiated prior to the birth of a child, the court22 |
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| 36 | 36 | | shall order that the genetic tests testing be made conducted as soon as medically feasible23 |
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| 37 | 37 | | after the birth.24 |
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| 38 | 38 | | (c) Genetic tests testing shall be performed by a duly qualified licensed practicing25 |
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| 39 | 39 | | physician, duly qualified immunologist, or other qualified person. In all cases, however,26 |
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| 40 | 40 | | the court shall determine the number and qualifications of the experts. In all cases the27 |
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| 41 | 41 | | results shall be made known to all parties at interest as soon as available.28 |
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| 42 | 42 | | (d) An order issued under this Code section is enforceable by contempt, provided that, if29 |
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| 43 | 43 | | the petitioner refuses to submit to an order for a genetic test testing, the court may dismiss30 |
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| 44 | 44 | | the action upon motion of the respondent.31 |
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| 45 | 45 | | (e)(1) The Department of Human Services and any court issuing an order with respect32 |
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| 46 | 46 | | to a determination of paternity shall not, insofar as possible, attach the written results33 |
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| 47 | 47 | | from a genetic test testing to any pleading or court order.34 |
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| 48 | 48 | | (2) The genetic material collected for a genetic test testing shall be destroyed within a35 |
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| 49 | 49 | | reasonable time, as set forth by rule of the Department of Human Services.36 |
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| 50 | 50 | | (3) The genetic material collected for a genetic test testing shall not be shared with any37 |
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| 51 | 51 | | other person or entity."38 |
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| 52 | 52 | | SECTION 2.39 |
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| 53 | 53 | | Said article is further amended by revising Code Section 19-7-46, relating to evidence at trial,40 |
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| 55 | 55 | | S. B. 135 |
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| 56 | 56 | | - 3 - |
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| 57 | 57 | | "19-7-46. |
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| 58 | 58 | | 42 |
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| 59 | 59 | | (a) The results of medical tests |
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| 60 | 60 | | and genetic testing and comparisons ordered by the court,43 |
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| 61 | 61 | | including the statistical likelihood of the alleged parent's parentage, if available, unless a44 |
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| 62 | 62 | | party to the paternity genetic test objects in writing at least 30 days prior to a hearing at45 |
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| 63 | 63 | | which the results of the testing may be introduced into evidence shall be admitted in46 |
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| 64 | 64 | | evidence without the need for foundation testimony or other proof of authenticity or47 |
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| 65 | 65 | | accuracy unless a party to the paternity genetic test objects in writing at least 30 days prior48 |
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| 66 | 66 | | to a hearing at which the results of the testing may be introduced into evidence. When an49 |
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| 67 | 67 | | objection is filed at least 30 days prior to a hearing at which the results may be introduced50 |
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| 68 | 68 | | into evidence, the results of medical tests and genetic testing and comparisons ordered by51 |
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| 69 | 69 | | the court including the statistical likelihood of the alleged parent's parentage, if available,52 |
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| 70 | 70 | | shall be admitted in evidence when offered by a duly qualified, licensed practicing53 |
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| 71 | 71 | | physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified54 |
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| 72 | 72 | | person.55 |
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| 73 | 73 | | (b) The results of genetic testing ordered by the court in a record and signed under penalty56 |
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| 74 | 74 | | of perjury by a designee of the testing laboratory is self-authenticating and shall be57 |
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| 75 | 75 | | admissible into evidence in any civil action if documentation from a testing laboratory58 |
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| 76 | 76 | | contains:59 |
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| 77 | 77 | | (1) The name and photograph of each individual whose specimen has been taken;60 |
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| 78 | 78 | | (2) The name of the individual who collected each specimen;61 |
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| 79 | 79 | | (3) The place and date each specimen was collected;62 |
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| 80 | 80 | | (4) The name of the individual who received such specimen in the testing laboratory; and63 |
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| 81 | 81 | | (5) The date the specimen was received.64 |
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| 82 | 82 | | (b)(c) There shall exist a rebuttable presumption of paternity of a child born out of65 |
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| 83 | 83 | | wedlock if there has been performed scientifically credible parentage-determination genetic66 |
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| 84 | 84 | | testing which establishes at least a 97 percent probability of paternity. The rebuttable67 |
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| 86 | 86 | | S. B. 135 |
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| 87 | 87 | | - 4 - |
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| 88 | 88 | | evidence as determined by the trier of fact. Parentage-determination testing shall include, |
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| 89 | 89 | | 69 |
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| 90 | 90 | | but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell70 |
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| 91 | 91 | | enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA)71 |
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| 92 | 92 | | probes.72 |
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| 93 | 93 | | (c) |
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| 94 | 94 | | (d) Evidence of a refusal to submit to a genetic test or other ordered medical or73 |
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| 95 | 95 | | anthropological test is admissible to show that the alleged father is not precluded from74 |
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| 96 | 96 | | being the father of the child.75 |
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| 97 | 97 | | (d)(e) An expert's opinion concerning the time of conception is as admissible as is other76 |
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| 98 | 98 | | expert testimony.77 |
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| 99 | 99 | | (e)(f) Testimony relating to sexual access to the mother by any person on or about the78 |
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| 100 | 100 | | probable time of conception of the child is admissible in evidence.79 |
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| 101 | 101 | | (f)(g) Other relevant evidence shall be admitted as is appropriate."80 |
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| 102 | 102 | | 81 |
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| 103 | 103 | | SECTION 3.82 |
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| 104 | 104 | | All laws and parts of laws in conflict with this Act are repealed.83 |
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