Genetic Tests

1. Law
2. Georgia Code
3. Domestic Relations
4. Parent and Child Relationship Generally
5. Determination of Paternity
6. Genetic Tests

1. All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43, 19-7-46, and 19-7-54. In all cases such tests shall be conducted by a laboratory certified by the American Association of Blood Banks and 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.
2. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth.
3. Genetic tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available.
4. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent.
5. 1. The Department of Human Services and any court issuing an order with respect to a determination of paternity shall not, insofar as possible, attach the written results from a genetic test to any pleading or court order.
   2. The genetic material collected for a genetic test shall be destroyed within a reasonable time, as set forth by rule of the Department of Human Services.
   3. The genetic material collected for a genetic test shall not be shared with any other person or entity.

(Code 1933, § 74-306, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1982, p. 3, § 19; Ga. L. 1991, p. 950, § 3; Ga. L. 1993, p. 1980, § 1; Ga. L. 1997, p. 1613, § 18; Ga. L. 2015, p. 1433, § 2/HB 568.)

Law reviews.

- For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 103 (2015). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 128 (1993).

JUDICIAL DECISIONS

Not applicable to probate court proceedings involving descent and distribution.

- In a proceeding for year's support by the purported widow of a decedent on behalf of herself and her child, the widow incorrectly relied on O.C.G.A. § 19-7-45 to challenge the validity of a genetic test establishing the paternity of her child as that statute was not applicable to probate court proceedings involving estate descent and distribution issues. Crowther v. Estate of Crowther, 258 Ga. App. 498, 574 S.E.2d 607 (2002).

Requiring submission to blood test.

- Requiring individual to submit to a blood test for purpose of proving or disproving paternity, pursuant to O.C.G.A. § 19-7-45, does not compel him to be a witness against himself within the meaning of U.S. Const., amend. 5, nor would such procedure compel him "to give testimony tending in any manner to incriminate himself" within the meaning of the Georgia Constitution. Raines v. White, 248 Ga. 406, 284 S.E.2d 7 (1981); Pinson v. State, 194 Ga. App. 506, 391 S.E.2d 28 (1990).

State was entitled to compel the defendant to submit to a second blood test when the previous test was in connection with a civil action and when there was no indication that repetition of the test was unusually burdensome to the defendant or caused by negligence on the part of the state. Rainwater v. State, 210 Ga. App. 594, 436 S.E.2d 772 (1993).

Requiring putative father to pay costs of blood test.

- It is a violation of due process for the state to require a putative father to pay the costs of a blood test for the purpose of determining paternity when no hearing has been conducted on the merits of the case. Boone v. State, Dep't of Human Resources ex rel. Carter, 250 Ga. 379, 297 S.E.2d 727 (1982).

Enforcement of motion to compel testing.

- Claims of the Department of Human Resources against a putative father for reimbursement of public assistance and future support and a contempt complaint for the father's failure to appear for a court-ordered paternity test were not barred by the equitable doctrine of laches. Department of Human Resources v. Mitchell, 232 Ga. App. 560, 501 S.E.2d 508 (1998).

Delay in filing legitimation petition.

- Appellate court rejected a father's contention that the juvenile court erred in holding that a delay in instituting legitimation proceedings justified a finding that the father abandoned his opportunity interest as the father's reason for the delay, specifically, waiting to obtain the results of genetic testing, was not a condition precedent to filing a legitimation petition; moreover, even with the delay, the father could have filed his legitimation petition and then sought court-ordered genetic testing. In the Interest of J.L.E., 281 Ga. App. 805, 637 S.E.2d 446 (2006).

Cited in Britten v. State, 173 Ga. App. 840, 328 S.E.2d 556 (1985); Roddenbery v. Roddenbery, 255 Ga. 715, 342 S.E.2d 464 (1986); Department of Human Resources v. Crosby, 193 Ga. App. 330, 387 S.E.2d 608 (1989).

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Illegitimate Children, §§ 70, 71.

ALR.

- Blood-grouping tests, 163 A.L.R. 939; 46 A.L.R.2d 1000.

Emotional manifestations by victim or family of victim during criminal trial as ground for reversal, new trial, or mistrial, 31 A.L.R.4th 229.

Admissibility, weight and sufficiency of human leukocyte antigen (HLA) tissue typing tests in paternity cases, 37 A.L.R.4th 167.

Admissibility and weight of blood-grouping tests in disputed paternity cases, 43 A.L.R.4th 579.

Authentication of blood sample taken from human body for purposes other than determining blood alcohol content, 77 A.L.R.5th 201.

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