19-7-46. Evidence at trial.

The results of medical and genetic testing and comparisons ordered by the court, including the statistical likelihood of the alleged parent’s parentage, if available, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy unless a party to the paternity genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical and genetic testing and comparisons ordered by the court including the statistical likelihood of the alleged parent’s parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person.#

The results of genetic testing ordered by the court in a record and signed under penalty of perjury by a designee of the testing laboratory is self-authenticating and shall be admissible into evidence in any civil action if documentation from a testing laboratory contains:#

1. (1)

   The name and photograph of each individual whose specimen has been taken;#

2. (2)

   The name of the individual who collected each specimen;#

3. (3)

   The place and date each specimen was collected;#

4. (4)

   The name of the individual who received such specimen in the testing laboratory; and#

5. (5)

   The date the specimen was received.#

There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes.#

Evidence of a refusal to submit to a genetic test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child.#

An expert’s opinion concerning the time of conception is as admissible as is other expert testimony.#

Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence.#

Other relevant evidence shall be admitted as is appropriate.#