Paternity Testing in North Dakota
Paternity testing in North Dakota is governed by a series of statutes that outline the procedures and requirements for establishing or disproving the paternity of a child. These laws are primarily found in sections 14-20-25 through 14-20-35 of the North Dakota Century Code.
Genetic Testing Procedures
Under North Dakota law, 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 (North Dakota Century Code § 14-20-25).
Genetic testing is a scientific method used to compare the DNA of a child and a potential father. The results of these tests can either identify or exclude a man as the father of a child. If the court finds that genetic testing neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity (North Dakota Century Code § 14-20-29).
Requirements for Genetic Testing
The North Dakota Century Code § 14-20-27 (503) outlines the requirements for genetic testing. However, the specific requirements are not detailed in the provided context and would require further verification.
Identifying the Father
A man is rebuttably identified as the father of a child if the genetic testing complies with sections 14-20-25 through 14-20-35 and the results disclose that the man has at least a ninety-nine percent probability of paternity, using a prior probability of five-tenths, as calculated by using the combined paternity index obtained in the testing, and a combined paternity index of at least one hundred to one (North Dakota Century Code § 14-20-29).
A man identified as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of sections 14-20-25 through 14-20-35 which excludes the man as a genetic father of the child or identifies another man as the possible father of the child (North Dakota Century Code § 14-20-29).
Case of Identical Brothers
In cases where a man identified as the father of a child is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child, the court may order genetic testing of the brother (North Dakota Century Code § 14-20-34). If each brother satisfies the requirements as the identified father of the child under section 14-20-29 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
Confidentiality of Genetic Testing
The report of genetic testing for parentage is confidential. An individual who knowingly releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen is subject to section 12.1-13-01 (North Dakota Century Code § 14-20-35).
Costs of Genetic Testing
Subject to assessment of costs under sections 14-20-36 through 14-20-58, the cost of initial genetic testing must be advanced (North Dakota Century Code § 14-20-30). The specific details regarding who must advance these costs are not provided in the context and would require further verification.
In conclusion, paternity testing in North Dakota is a legal process governed by specific statutes. It involves genetic testing and, in some cases, additional evidence to establish or disprove the paternity of a child. The results of these tests are confidential and are used in legal proceedings to determine parental responsibilities and rights.