Vermont Statutes Title 15 Sec. 615
Terms Used In Vermont Statutes Title 15 Sec. 615
- Child: means a person of any age whose parentage may be determined under this title. See
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Intended parent: means a person, whether married or unmarried, who manifests the intent to be legally bound as a parent of a child resulting from assisted reproduction or a gestational carrier agreement. See
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Parent: means a person who has established parentage that meets the requirements of this title. See
- Parentage: means the legal relationship between a child and a parent as established under this title. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Presumed parent: means a person who is recognized as the parent of a child under section 401 of this title. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 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.)