Requesting a Paternity Test in North Dakota
In North Dakota, the process of requesting a paternity test is governed by the North Dakota Century Code. The code provides detailed procedures and requirements for requesting and conducting genetic testing to establish paternity.
Legal Basis for Requesting a Paternity Test
According to North Dakota Century Code 14-20-27 (503), a party to a proceeding can request a paternity test by submitting a sworn statement. This statement should either allege paternity, stating facts that establish a reasonable probability of sexual contact between the individuals, or deny paternity, stating facts that suggest the possibility that any sexual contact did not result in the conception of the child.
Conditions for Ordering Genetic Testing
The court or a support enforcement agency can order genetic testing if there is no presumed, acknowledged, or adjudicated father (North Dakota Century Code 14-20-27 (503)). However, if a request for genetic testing of a child is made before birth, the court or support enforcement agency may not order in utero testing.
Requirements for Genetic Testing
The North Dakota Century Code 14-20-27 (503) also outlines the requirements for genetic testing. The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
Costs of Genetic Testing
The cost of initial genetic testing must be advanced, subject to assessment of costs under sections 14 -20-36 through 14 -20-58 (North Dakota Century Code 14-20-30 (506)).
Adjudication of Paternity
If the results of genetic testing identify a man as the father of a child, he must be adjudicated the father of the child, unless the results of genetic testing are admitted to rebut other results of genetic testing (North Dakota Century Code 14-20-27 (503)). If the results of genetic testing exclude a man as the father of a child, he must be adjudicated not to be the father of the child.
Conclusion
In conclusion, to request a paternity test in North Dakota, a party to a proceeding must submit a sworn statement alleging or denying paternity. The court or a support enforcement agency can then order genetic testing, provided there is no presumed, acknowledged, or adjudicated father. The results of this testing can then be used to adjudicate paternity.