A. Subject to Subsection B of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, upon notice and after an opportunity for a hearing, and for good cause and under circumstances the court considers to be just, the court may order the following persons to submit specimens for genetic testing:
(1) the parents of the man;
(2) brothers and sisters of the man;
(3) other children of the man and their mothers; and
(4) other relatives of the man necessary to complete genetic testing.
B. Issuance of an order pursuant to this section requires a finding that a need for genetic testing outweighs the legitimate interests of the person sought to be tested.
History: Laws 2009, ch. 215, § 5-508.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Structure 2021 New Mexico Statutes
Article 11A - New Mexico Uniform Parentage Act
Section 40-11A-501 - Scope of article.
Section 40-11A-502 - Order for testing.
Section 40-11A-503 - Requirements for genetic testing.
Section 40-11A-504 - Report of genetic testing.
Section 40-11A-505 - Genetic testing results; rebuttal.
Section 40-11A-506 - Costs of genetic testing.
Section 40-11A-507 - Additional genetic testing.
Section 40-11A-508 - Genetic testing when specimens not available.
Section 40-11A-509 - Deceased person.