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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Except as provided in sections 46b-495 to 46b-505, inclusive, in any proceeding under sections 46b-450 to 46b-553, inclusive, and in any proceeding under section 46b-571, to adjudicate parentage, the Superior Court, Probate Court or a family support magistrate shall order the child and any other person to submit to genetic testing if a request for testing is supported by the sworn statement of a party:
(1) Alleging a reasonable possibility that the person is the child's genetic parent; or
(2) Denying genetic parentage of the child.
(b) A child support agency shall require genetic testing only if there is no presumed, acknowledged or adjudicated parent of a child other than the person who gave birth to the child.
(c) The Superior Court, Probate Court, a family support magistrate or child support agency may not order in utero genetic testing.
(d) If two or more persons are subject to court-ordered genetic testing, the Superior Court, Probate Court or a family support magistrate may order that testing be completed concurrently or sequentially.
(e) Genetic testing of a person who gave birth to a child is not a condition precedent to testing of the child and a person whose genetic parentage of the child is being determined. If the person is unavailable or declines to submit to genetic testing, the Superior Court, Probate Court or a family support magistrate may order genetic testing of the child and each person whose genetic parentage of the child is being adjudicated.
(f) In a proceeding to adjudicate the parentage of a child having a presumed parent or a person who claims to be a parent under section 46b-490, the Superior Court, Probate Court or a family support magistrate may deny a motion for genetic testing of the child and any other person after considering the factors set forth in subsections (a) and (b) of section 46b-475.
(g) If a person requesting genetic testing is barred under section 46b-469, 46b-483, 46b-489, 46b-503 or 46b-510 from establishing the person's parentage, the Superior Court, Probate Court or a family support magistrate shall deny the request for genetic testing.
(h) A default judgment may be ordered against a person who refuses to submit to court-mandated genetic testing under this section and in accordance with subsection (g) of section 46b-560.
Cite this article: FindLaw.com - Connecticut General Statutes Title 46B. Family Law § 46b-497. Authority to order or deny genetic testing - last updated January 01, 2025 | https://codes.findlaw.com/ct/title-46b-family-law/ct-gen-st-sect-46b-497/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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