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Section 40-11A-501 – Scope of article.

This article governs genetic testing of a person to determine parentage, whether the person: A. voluntarily submits to testing; or B. is tested pursuant to an order of the district court or a support-enforcement agency. History: Laws 2009, ch. 215, § 5-501. ANNOTATIONS Effective dates. — Laws 2009, ch. 215, § 20 made the New […]

Section 40-11A-502 – Order for testing.

A. Except as otherwise provided in this article and Article 6 of the New Mexico Uniform Parentage Act, the district court shall order the child and other designated persons to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding: (1) alleging paternity and […]

Section 40-11A-503 – Requirements for genetic testing.

A. Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: (1) the American association of blood banks or a successor to its functions; (2) the American society for histocompatibility and immunogenetics or a successor to its functions; or […]

Section 40-11A-504 – Report of genetic testing.

A. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made pursuant to the requirements of this article is self-authenticating. B. Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody […]

Section 40-11A-505 – Genetic testing results; rebuttal.

A. Pursuant to the New Mexico Uniform Parentage Act, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that: (1) the man has at least a ninety-nine percent probability of paternity, using a prior probability of zero point five zero, as […]

Section 40-11A-506 – Costs of genetic testing.

A. Subject to assessment of costs pursuant to Article 6 of the New Mexico Uniform Parentage Act, the cost of initial genetic testing shall be advanced: (1) by a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services; (2) by the person who made the request; (3) as agreed by the […]

Section 40-11A-507 – Additional genetic testing.

Prior to a final adjudication, the district court or the support-enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child pursuant to Section 5-505 of the New Mexico Uniform Parentage […]

Section 40-11A-508 – Genetic testing when specimens not available.

A. Subject to Subsection B of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, upon notice and after an opportunity for a hearing, and for good cause and under circumstances the court considers to be just, the court may order the following persons […]

Section 40-11A-509 – Deceased person.

For good cause shown, the district court may order genetic testing of a deceased person. History: Laws 2009, ch. 215, § 5-509. ANNOTATIONS Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.

Section 40-11A-510 – Identical brothers.

A. The district court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. B. If each brother satisfies the requirements as the […]

Section 40-11A-511 – Confidentiality of genetic testing.

A. Release of the report of genetic testing for parentage may be released only to the parties tested or their representatives, the support-enforcement agency and the court. B. A person who intentionally releases an identifiable specimen of another person for any purpose other than that relevant to the proceeding regarding parentage without a court order […]