| (1) |
Under this chapter, a man is presumed to be identified as the father of a child if the genetic testing complies with this part and the results disclose that:
Terms Used In Utah Code 78B-15-505- Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
- Ethnic or racial group: means , for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. See Utah Code 78B-15-102
- Genetic testing: means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. See Utah Code 78B-15-102
- Paternity index: means the likelihood of paternity calculated by computing the ratio between:
| (a) | the likelihood that the tested man is the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is the father of the child; and |
| (b) | the likelihood that the tested man is not the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man. See Utah Code 78B-15-102- Probability of paternity: means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability. See Utah Code 78B-15-102
- Tribunal: means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. See Utah Code 78B-15-102
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| (a) |
the man has at least a 99% probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and |
| (b) |
a combined paternity index of at least 100 to 1. |
| (2) |
A man identified under Subsection (1) as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this part which:
| (a) |
excludes the man as a genetic father of the child; or |
| (b) |
identifies another man as the possible father of the child. |
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| (3) |
If an issue is raised as to whether the appropriate ethnic or racial group database was used by the testing laboratory, the testing laboratory will be asked to rerun the test using the correct ethnic or racial group database. If the testing laboratory does not have an adequate database, another testing laboratory may be engaged to perform the calculations. |
| (4) |
If a presumption of paternity is not rebutted by a second test, the tribunal shall issue an order establishing paternity. |
Renumbered and Amended by Chapter 3, 2008 General Session
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