Legal Requirements for Genetic Testing in North Dakota
In North Dakota, the law provides for circumstances under which an individual may be required to undergo genetic testing, often referred to as a DNA test. This is typically in cases where paternity is in question. The North Dakota Century Code provides detailed guidelines on the requirements and procedures for genetic testing.
Statutory Provisions for Genetic Testing
According to North Dakota Century Code 14-20-27 (503), genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by recognized bodies. The specimen used in genetic testing may consist of one or more samples of blood, buccal cells, bone, hair, or other body tissue or fluid.
Court-Ordered Genetic Testing
Under North Dakota Century Code 14-20-26, the court may order an individual to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding. This statement must either allege paternity and state facts establishing a reasonable probability of the requisite sexual contact between the individuals, or deny paternity and state facts establishing a possibility that sexual contact between the individuals did not result in the conception of the child.
If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially as per North Dakota Century Code 14-20-26 (4).
Genetic Testing in the Absence of the Alleged Father
In cases where a genetic-testing specimen is not available from a man who may be the father of a child, the court may order the following individuals to submit specimens for genetic testing: the parents of the man, brothers and sisters of the man, other children of the man and their mothers, and other relatives of the man necessary to complete genetic testing. This is according to North Dakota Century Code 14-20-32 (508).
Consequences of Declining Genetic Testing
As per North Dakota Century Code 14-20-49 (622), an order for genetic testing is enforceable by contempt. If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court may adjudicate parentage contrary to the position of that individual.
Conclusion
In conclusion, under North Dakota law, you can indeed be required to take a DNA test under certain circumstances, particularly in cases involving the determination of paternity. It is important to consult with a legal professional if you find yourself in a situation where you may be required to undergo genetic testing.