Connecticut General Statutes 46b-497 – Authority to order or deny genetic testing
(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:
Terms Used In Connecticut General Statutes 46b-497
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Probate: Proving a will
(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.