25-8-7.1. Court ordered testing for paternity--Filing of results.
In any action or proceeding in which the parentage of a child is at issue, including disestablishment proceedings pursuant to §25-8-64, upon motion of the court, the department, or any of the interested parties, the court shall, for good cause shown, order the mother, the child, or any alleged father to submit to an examination of blood, tissue, or other bodily substances for the purpose of testing any genetic systems that are generally accepted within the scientific community for the conclusive determination of paternity probability. The results of the tests, together with the opinions and conclusions of the testing laboratory, shall be filed with the court. Upon written agreement of the mother and any presumed or alleged father, tests may be conducted prior to filing of an action. If the action is then filed, the test results shall be filed with the court and admitted into evidence as provided in §25-8-7.3.
Source: SL 1989, ch 221, §1; SL 1994, ch 204, §13; SL 2001, ch 135, §1; SL 2013, ch 119, §15.
Structure South Dakota Codified Laws
Chapter 08 - Paternity Proceedings
Section 25-8-3 - Father and mother's liability for confinement expense.
Section 25-8-5 - Custodian's recovery of support from noncustodian--Period support recoverable.
Section 25-8-7.1 - Court ordered testing for paternity--Filing of results.
Section 25-8-7.2 - Persons authorized to perform test--Liability.
Section 25-8-7.3 - Test results--Documentation--Filing objections to admissibility.
Section 25-8-9 - Time for bringing proceedings.
Section 25-8-12 - Time of institution of proceeding--Trial deferred until birth.
Section 25-8-46 - Terminology used in records of children born out of wedlock.
Section 25-8-49 - Admission of paternity as prima facie evidence.
Section 25-8-50 - Voluntary hospital-based paternity establishment program.
Section 25-8-51 - Forwarding of affidavit of paternity to Department of Social Services.
Section 25-8-52 - Rebuttable presumption of paternity--Signed and notarized affidavit.
Section 25-8-53 - Reimbursement of reasonable costs for affidavit of paternity.
Section 25-8-54 - Use of forms and information prescribed by department.
Section 25-8-55 - Default judgment establishing paternity.
Section 25-8-56 - Judgment of paternity--Full faith and credit.
Section 25-8-57 - Rebuttable presumption of legitimacy.
Section 25-8-58 - Genetic test results.
Section 25-8-59 - Actions contesting rebuttable presumption of paternity.
Section 25-8-61 - Trial by jury prohibited in paternity action.
Section 25-8-62 - Admissible medical billing evidence in paternity actions.
Section 25-8-63 - Filing affidavits or adjudications of paternity.