(a)(1) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a probate court or superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in interest whose kinship to the decedent is in controversy for purposes of comparison and determination of the statistical likelihood of such kinship; provided, however, that no DNA testing shall be ordered with respect to any party in interest whose kinship to the decedent was created or terminated by a decree of adoption, pursuant to subsection (a) of Code Section 19-8-19, unless the right of inheritance of such party in interest was not affected by the adoption, pursuant to subsection (b) of Code Section 19-8-19, or if such party in interest was conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction; and provided, further, that, for purposes of this subsection, a decree of adoption shall include:

(A) Any such decree entered pursuant to Article 1 of Chapter 8 of Title 19;

(B) Any such decree recognized in this state pursuant to Code Section 19-8-22; or

(C) A final order entered pursuant to Code Section 19-8-43.

(2) The court may order the disinterment of the decedent’s remains if reasonably necessary to obtain DNA samples for testing under this subsection.

(b) An order pursuant to subsection (a) of this Code section may be entered only on motion for good cause shown and upon notice to all parties in interest, and such order shall specify the time, place, manner, conditions, and scope of the removal and testing of samples, and the person or persons by whom such removal and testing of DNA samples are to be made. When such motion is made prior to the birth of a child whose kinship to the decedent is in controversy, such order shall direct that the DNA testing be conducted as soon as medically feasible after the birth of such child and may stay the proceedings until after the child’s birth except service of notice; provided, however, that the requirements of paragraph (1) of subsection (b) of Code Section 53-2-1 shall remain applicable to such child. Such motion, when made by a party in interest, shall be supported by affidavit setting forth:

(1) The factual basis for a reasonable belief that the party in interest whose kinship to the decedent is in controversy is or is not so related; and

(2) If disinterment of the decedent’s remains is sought, the factual basis for a reasonable belief that reliable DNA samples from the decedent are not otherwise reasonably available from any other source.

(c) Upon request of a party in interest to a proceeding under this article or as ordered by the court on its own motion in the exercise of its discretion, the movant shall, within ten days after such request is made or such order is entered, but in no event later than ten days prior to the date of a hearing at which such report may be introduced into evidence, deliver to all parties in interest a copy of a detailed written report of the tester and of any other expert or other qualified person involved in the determination of such statistical likelihood setting out his or her findings, including the results of all tests made and conclusions or opinions based thereon. Unless a party in interest objects in writing within seven days after receiving such report and prior to the date of such hearing, such report shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When a timely objection is filed, such report shall be admitted in evidence when offered by a duly qualified licensed practicing physician, duly qualified immunologist, or other duly qualified person; provided, however, that in all cases the court shall determine the number and qualifications of the experts. Other relevant evidence shall be admitted as is deemed appropriate by the court. To provide any party in interest an adequate opportunity to be heard or as otherwise appears reasonably necessary to a just determination in a proceeding under this article, the court shall grant a continuance of any such hearing. Upon motion of any party in interest or on the court’s own motion, any hearing or trial held in a proceeding under this article may be held in closed court without any person other than those necessary to the proceeding being admitted.

(d)(1) The costs of obtaining and testing of DNA samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party, and the court may award such costs as part of its final decree; provided, however, that the court may, in its discretion after all parties in interest have been given reasonable opportunity to be heard, cast all or part of such costs against one or more parties in interest upon entering a finding of fact that any such party has asserted in bad faith a position with respect to the kinship in controversy in a proceeding under this article or has failed unreasonably to cooperate with an order for DNA testing entered pursuant to this Code section. The costs of disinterment may include a reasonable fee for services provided by a cemetery company in connection therewith, subject to the limitation upon such charges imposed by subsection (d) of Code Section 10-14-17.

(2) Except as otherwise provided by paragraph (1) of this subsection, the court may, in its discretion after all parties in interest have been given reasonable opportunity to be heard, order reasonable fees of counsel, experts, and guardians ad litem and other costs of the proceeding, including pretrial proceedings, to be paid by the parties in interest in proportions and at times determined by the court.

(3) The trier of fact shall receive without foundation or the need for third-party testimony evidence of the costs and fees provided for by this subsection, and the evidence so presented shall constitute prima-facie evidence of the amounts of the costs so incurred. Copies of bills for the obtaining and testing of DNA samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, furnished to all parties in interest at least ten days prior to the date of a hearing at which such copies of bills may be introduced into evidence, are admissible in evidence to prove that the charges billed were reasonable, necessary, and customary; provided, however, that nothing in this paragraph shall be construed to limit the right of a thorough and sifting cross-examination as to such evidence.

(e) DNA testing performed pursuant to this Code section shall be conducted by a laboratory certified by the American Association of Blood Banks, shall be conducted so that the results meet the standards the American Association of Blood Banks requires in order for such results to be admitted as evidence in a court of law, and shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other duly qualified person; provided, however, that in all cases the court before which proceedings on the estate are pending shall determine the number and qualifications of the experts.

(f) An order for DNA testing entered pursuant to this Code section shall be enforceable by contempt; provided, however, that, if the movant refuses to submit to such an order, the court may, in its discretion after all parties in interest have been given reasonable opportunity to be heard, dismiss or strike the movant’s pleadings upon motion by any party in interest or on the court’s own motion.

(g) Except as ordered by the court for good cause shown pursuant to subsection (b) of this Code section, the genetic material collected for DNA testing performed pursuant to this Code section:

(1) If collected through the disinterment of the decedent’s remains, shall be destroyed within a reasonable time as determined by the court;

(2) If made available from a source other than through the disinterment of the decedent’s remains, shall be destroyed or returned in the manner reasonably directed by such source or in accordance with such source’s standard rules and regulations; and

(3) Shall not be shared with any other person or entity except to the extent reasonably necessary for compliance with paragraphs (1) and (2) of this subsection.

(h) The disinterment and reinterment of the decedent’s remains in accordance with a court order entered pursuant to subsection (a) of this Code section:

(1) Shall not require a permit under Code Section 12-3-52, 12-3-82, or 36-72-4 as a condition precedent to such disinterment;

(2) Shall not require authorization under subsection (f) of Code Section 31-10-20 as a condition precedent to such disinterment or reinterment;

(3) Shall not constitute a disturbance, destruction, defacing, mutilation, removal, or exposure of interred human remains under Code Section 31-21-6;

(4) Shall not constitute a violation of any provision of Code Section 31-21-44;

(5) Shall be supervised, monitored, or carried out as provided in Code Section 36-72-15 when such disinterment or reinterment is in an abandoned cemetery or burial ground, as defined in Code Section 36-72-2; provided, however, that nothing in Code Section 36-72-15 shall affect the assessment, allocation, or payment of costs ordered by the court pursuant to subsection (d) of this Code section; and

(6) May be done by any person who is or is able to be authorized to disinter the remains of a human body under Code Section 45-16-45 or subsection (b) of Code Section 45-16-51; provided, however, that nothing in this paragraph shall limit the persons whom the court may designate to perform such disinterment pursuant to subsection (b) of this Code section.

(i) Any person disinterring or reinterring a decedent’s remains in accordance with a court order entered pursuant to subsection (a) of this Code section shall be deemed to be a person having duties imposed upon that person relating to the possession or disposition of dead bodies while in the performance of said duties within the meaning of subsection (b) of Code Section 31-21-44.

(j) DNA testing performed pursuant to this Code section shall be deemed to be genetic testing conducted to obtain information for therapeutic or diagnostic purposes within the meaning of subsection (a) of Code Section 33-54-3; provided, however, that DNA testing performed pursuant to this Code section may be conducted without written consent prior to the decedent’s death.

(k) Any court issuing an order with respect to a determination of heirship under this article shall not, insofar as possible, attach the written results from DNA testing to any pleading or court order.