Paternity Testing in North Dakota
In North Dakota, the legal procedures surrounding paternity testing are governed by the North Dakota Century Code. The code provides detailed guidelines on when and how paternity tests can be ordered, the consequences of declining a paternity test, and the legal implications of the test results.
Ordering Paternity Tests
According to Section 14-20-26 of the North Dakota Century Code, a court or a support enforcement agency can order genetic testing to determine the paternity of a child. The request for testing must be supported by a sworn statement from a party to the proceeding, either alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals, or denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
A support enforcement agency can only order genetic testing if there is no presumed, acknowledged, or adjudicated father. 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. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
Paternity Test without a Court Hearing
The North Dakota Century Code does not explicitly require a court hearing for a paternity test to be ordered. As per Section 14-20-26, a court or a support enforcement agency can order genetic testing based on a sworn statement from a party to the proceeding. This suggests that a paternity test can be ordered without a court hearing, provided the request for testing is supported by a sworn statement establishing a reasonable probability or possibility of paternity.
Consequences of Declining a Paternity Test
Section 14-20-49 of the North Dakota Century Code outlines the consequences of declining a court-ordered genetic test. 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.
Admissibility of Genetic Testing Results
The admissibility of genetic testing results is governed by Section 14-20-48 of the North Dakota Century Code. The results of genetic testing are admissible to adjudicate parentage unless performed with the consent of both the mother and the presumed, acknowledged, or adjudicated father, or pursuant to an order of the court under section 14-20-26. A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify.
In conclusion, while a court hearing is often part of the process of adjudicating paternity, it is not explicitly required for a paternity test to be ordered in North Dakota. The key factor is the presence of a sworn statement from a party to the proceeding, which can lead to a court or a support enforcement agency ordering a paternity test.