The Vermont Statutes Online

Title 15C: Parentage Proceedings

Chapter 006: Genetic Parentage

• § 601. Scope

  This chapter governs procedures and requirements of genetic testing and genetic testing results of a person to determine parentage and adjudication of parentage based on genetic testing, whether the person voluntarily submits to testing or is tested pursuant to an order of the court. Genetic testing shall not be used to challenge the parentage of a person who is a parent by operation of law under chapter 7 or 8 of this title or to establish the parentage of a person who is a donor. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 602. Requirements for genetic testing

  Genetic testing shall be of a type reasonably relied upon by scientific and medical experts in the field of genetic testing and performed in a testing laboratory accredited by a national association of blood banks or an accrediting body designated by the Secretary of the U.S. Department of Health and Human Services. As used in this chapter, “genetic testing” shall have the same meaning as provided in 18 V.S.A. § 9331. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 603. Court order for testing

  (a) Order to submit to genetic testing. Except as provided in section 615 of this title or as otherwise provided in this chapter, upon motion the court may order a child and other persons to submit to genetic testing.

  (b) Presumption of genetic parentage. Genetic testing of the person who gave birth to a child shall not be ordered to prove that such person is the genetic parent unless there is a reasonable, good faith basis to dispute genetic parentage.

  (c) In utero testing. A court shall not order in utero genetic testing.

  (d) Concurrent or sequential testing. If two or more persons are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 604. Genetic testing results

  (a) A person shall be identified as a genetic parent of a child if the genetic testing of the person complies with this chapter and the results of testing disclose that the individual has at least a 99 percent probability of parentage as determined by the testing laboratory.

  (b) Identification of a genetic parent through genetic testing does not establish parentage absent adjudication under this chapter and a court may rely on nongenetic evidence to determine parentage, including parentage by acknowledgment pursuant to chapter 3 of this title or by admission pursuant to section 112 of this title, presumed parentage under chapter 4 of this title, de facto parentage under chapter 5 of this title, and parentage by intended parents under chapter 7 or 8 of this title.

  (c) A person identified under subsection (a) of this section as a genetic parent of a child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this chapter that:

  (1) excludes the person as a genetic parent of the child; or

  (2) identifies a person other than the person who gave birth to the child as a possible genetic parent of the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 605. 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 under the requirements of this chapter is self-authenticating.

  (b) A party in possession of results of genetic testing shall provide such results to all other parties to the parentage action upon receipt of the results and not later than 15 days before any hearing at which the results may be admitted into evidence. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 606. Admissibility of results of genetic testing

  (a) Production of results; notice. Unless waived by the parties, a party intending to rely on the results of genetic testing shall do all of the following:

  (1) make the test results available to the other parties to the parentage action at least 15 days prior to any hearing at which the results may be admitted into evidence;

  (2) give notice to the court and other parties to the proceeding of the intent to use the test results at the hearing; and

  (3) give the other parties notice of this statutory section, including the need to object in a timely fashion.

  (b) Objection. Any motion objecting to genetic test results shall be made in writing to the court and to the party intending to introduce the evidence at least seven days prior to any hearing at which the results may be introduced into evidence. If no timely objection is made, the written results shall be admissible as evidence without the need for foundation testimony or other proof of authenticity or accuracy.

  (c) Results inadmissible; exceptions. If a child has a presumed parent, acknowledged parent, or adjudicated parent, the results of genetic testing shall be admissible to adjudicate parentage only:

  (1) with the consent of each person who is a parent of the child under this title, unless the court finds that admission of the testing is in the best interests of the child as provided in subsection 615(b) of this title; or

  (2) pursuant to an order of the court under section 603 of this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 607. Additional genetic testing

  The court shall order additional genetic testing upon the request of a party who contests the result of the initial testing. If the initial genetic testing identified a person as a genetic parent of the child under section 604 of this title, the court shall not order additional testing unless the party provides advance payment for the testing. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 608. Consequences of declining genetic testing

  (a) If a person whose parentage is being determined under this chapter declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that person.

  (b) Genetic testing of the person who gave birth to a child is not a condition precedent to testing the child and an individual whose parentage is being determined under this chapter. If the person who gave birth is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every person whose genetic parentage is being adjudicated. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 609. Adjudication of parentage based on genetic testing

  (a)(1) If genetic testing results pursuant to section 604 of this title exclude a person as the genetic parent of a child, the court shall find that person is not a genetic parent of the child and may not adjudicate the person as the child’s parent on the basis of genetic testing.

  (2) If genetic testing results pursuant to section 604 of this title identify a person as the genetic parent of a child, the court shall find that person to be the genetic parent and may adjudicate the person as the child’s parent, unless otherwise provided by this title.

  (3) Subdivisions (1) and (2) of this subsection do not apply if the results of genetic testing are admitted for the purpose of rebutting results of other genetic testing.

  (b) If the court finds that genetic testing pursuant to section 604 of this title neither identifies nor excludes a person as the genetic parent of a child, the court shall not dismiss the proceeding. In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of parentage, including testimony relating to the sexual conduct of the person who gave birth to the child but only if it is alleged to have occurred during a time when conception of the child was probable. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 610. Costs of genetic testing

  (a) The costs of initial genetic testing shall be paid:

  (1) by the Office of Child Support in a proceeding in which the Office is providing services, if the Office requests such testing;

  (2) as agreed by the parties or, if the parties cannot agree, by the person who made the request for genetic testing; or

  (3) as ordered by the court.

  (b) Notwithstanding subsection (a) of this section, a person who challenges a presumption, acknowledgment, or admission of parentage shall bear the cost for any genetic testing requested by such person.

  (c) In cases in which the payment for the costs of initial genetic testing is advanced pursuant to subsection (a) of this section, the Office of Child Support may seek reimbursement from the genetic parent whose parent-child relationship is established. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 611. Genetic testing when specimens not available

  (a) If a genetic testing specimen is not available from an alleged genetic parent of a child, for good cause the court may order the following persons to submit specimens for genetic testing:

  (1) the parents of the alleged genetic parent;

  (2) a sibling of the alleged genetic parent;

  (3) another child of the alleged genetic parent and the person who gave birth to that other child; and

  (4) another relative of the alleged genetic parent necessary to complete genetic testing.

  (b) Prior to issuing an order under subsection (a) of this section, the court shall provide notice and opportunity to be heard to the person from whom a genetic sample is requested. If the court does order a person to be tested pursuant to subsection (a) of this section, it shall make a written finding that the need for genetic testing outweighs the legitimate interests, including the privacy and bodily integrity interests, of the person sought to be tested.

  (c) A genetic specimen taken pursuant to this section shall be destroyed after final determination of the parentage case. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 612. Deceased person

  For good cause shown, the court may order genetic testing of a deceased person. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 613. Identical sibling

  (a) The court may order genetic testing of a person who is believed to have an identical sibling if evidence suggests the sibling may be the genetic parent of the child.

  (b) If more than one sibling is identified as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 614. Confidentiality of genetic testing

  (a) A report of genetic testing for parentage is exempt from public inspection and copying under the Public Records Act and shall be kept confidential and released only as provided in this title.

  (b) A person shall not intentionally release a report of genetic testing or the genetic material of another person for a purpose not relevant to a parentage proceeding without the written permission of the person who furnished the genetic material. A person who violates this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 615. Authority to deny requested order for genetic testing or admission of test results

  (a) Grounds for denial. In a proceeding to adjudicate parentage, the court may deny a motion seeking an order for genetic testing or deny admissibility of the test results at trial if it determines that:

  (1) the conduct of the parties estops a party from denying parentage; or

  (2) it would be an inequitable interference with the relationship between the child and an acknowledged, adjudicated, de facto, presumed, or intended parent, or would otherwise be contrary to the best interests of the child as provided in subsection (b) of this section.

  (b) Factors. In determining whether to deny a motion seeking an order for genetic testing under this title or a request for admission of such test results at trial, the court shall consider the best interests of the child, including the following factors, if relevant:

  (1) the length of time between the proceeding to adjudicate parentage and the time that a parent was placed on notice that genetic parentage is at issue;

  (2) the length of time during which the parent has assumed a parental role for the child;

  (3) the facts surrounding discovery that genetic parentage is at issue;

  (4) the nature of the relationship between the child and the parent;

  (5) the age of the child;

  (6) any adverse effect on the child that may result if parentage is successfully disproved;

  (7) the nature of the relationship between the child and any alleged parent;

  (8) the extent to which the passage of time reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child; and

  (9) any additional factors that may affect the equities arising from the disruption of the relationship between the child and the parent or the chance of an adverse effect on the child.

  (c) Order. In cases involving an acknowledged or presumed parent, if the court denies a motion seeking an order for genetic testing, the court shall issue an order adjudicating the acknowledged or presumed parent to be the parent of the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 616. Precluding establishment of parentage by perpetrator of sexual assault

  (a) In a proceeding in which a person is alleged to have committed a sexual assault that resulted in the birth of a child, the person giving birth may seek to preclude the establishment of the other person’s parentage.

  (b) This section shall not apply if the person alleged to have committed a sexual assault has previously been adjudicated to be a parent of the child.

  (c) In a parentage proceeding, the person giving birth may file a pleading making an allegation under subsection (a) of this section at any time.

  (d) The standard of proof that a child was conceived as a result of the person sexually assaulting the person who gave birth to the child may be proven by the petitioner by either of the following:

  (1) clear and convincing evidence that the person was convicted of a sexual assault against the person giving birth and that the child was conceived as a result of the sexual assault; or

  (2) clear and convincing evidence that the person sexually assaulted or sexually exploited the person who gave birth to the child and that the child was conceived as a result of the sexual assault or sexual exploitation, regardless of whether criminal charges were brought against the person.

  (e) If the court finds that the burden of proof under subsection (d) of this section is met, the court shall enter an order:

  (1) adjudicating that the person alleged to have committed a sexual assault is not a parent of the child;

  (2) requiring that the Department of Health amend the birth certificate to delete the name of the person precluded as a parent; and

  (3) requiring that the person alleged to have committed a sexual assault pay child support or birth-related costs, or both, unless the person giving birth requests otherwise. (Added 2017, No. 162 (Adj. Sess.), § 1.)