(d) If more than 1 party is alleged to be the father of the child, the default of a party shall not
preclude the Court from finding any other party to be the father of the child.
7-4.09 Paternity Tests.
(a) The Court may, and upon request of a party shall, require the child, mother, and any alleged
father who has been made a party to submit to paternity tests.
(1) If an alleged father objects to a proposed order requiring him to submit to paternity
tests, the Court may require the party making the allegation of possible paternity to
provide sworn testimony, by affidavit or otherwise, stating the facts upon which the
allegation is based.
(2) The Court shall order paternity tests if it appears that a reasonable possibility exists that
the requisite sexual contact occurred.
(3) The tests shall be performed by an expert in paternity testing appointed by the Court.
(4) The expert’s verified report identifying the characteristics observed is admissible in
evidence in any hearing or trial in the parentage action, if
A. the alleged or presumed father has had the opportunity to gain information
about the security, validity, and interpretation of the tests and the qualifications
of any experts, and
B. the report is accompanied by an affidavit from the expert which describes the
expert’s qualifications as an expert and analyzes and interprets the results.
i. Verified documentation of the chain of custody of any samples is
admissible to establish the chain of custody.
ii. The Court may consider published sources as aids to interpretation of
the test results.
(b) The Court, upon request by a party, shall order that additional tests be performed by the same
or other experts qualified in paternity testing, if the party requesting additional tests advances
the full costs of the additional testing within a reasonable time.
(1) The Court may order additional testing without requiring that the requesting party
advance the costs only if another party agrees to advance the costs or if the Court finds,
after hearing, that
A. the requesting party is indigent, and
B. the laboratory performing the initial tests recommends additional testing or there
is substantial evidence to support a finding as to paternity contrary to the initial
test results.
(2) The Court may later order the person determined to be the father, to reimburse the
party who advanced the costs of additional testing for all or a portion of the costs.
(c) In all cases, the Court shall determine the number and qualifications of the experts.
7-4.10 Evidence Relating to Paternity. Evidence relating to paternity may include:
(a) Evidence of sexual intercourse between the mother and alleged father at any possible time of
conception;
(b) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based
upon the duration of the mother’s pregnancy;
(c) Paternity test results, weighted in accordance with evidence of the statistical probability of the
alleged father’s paternity;
(d) Medical or anthropological evidence relating to the alleged father’s paternity of the child based
on tests performed by experts.
(1) If a man has been identified as a possible father of the child, the Court may, and upon
request of a party shall, require the child, the mother, and the man to submit to
appropriate tests; and
(e) All other evidence relevant to the issue of paternity of the child.
7-4.11 Civil Action-Testimony-Evidence-Jury.
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Revised Spokane Law & Order Code, 5/14/2013