PRINTER'S NO. 2313
No. 1525 Session of 2008
INTRODUCED BY WOZNIAK, WASHINGTON, BOSCOLA, KITCHEN, FONTANA AND HUGHES, JULY 7, 2008
REFERRED TO JUDICIARY, JULY 7, 2008
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, further providing for determination of 3 paternity. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 5104 heading, (a), (b), (c), (d) and (g) 7 of Title 23 of the Pennsylvania Consolidated Statutes are 8 amended to read: 9 § 5104. [Blood tests] Tests to determine paternity. 10 (a) [Short title of section.--This section shall be known 11 and may be cited as the Uniform Act on Blood Tests to Determine 12 Paternity.] Testing.--A test to determine paternity shall be 13 conducted in accordance with this section. The test shall be 14 conducted upon blood, deoxyribonucleic acid (DNA), or both. 15 (b) Scope of section.-- 16 (1) Civil matters.--This section shall apply to all 17 civil matters. 18 (2) Criminal proceedings.--This section shall apply to
1 all criminal proceedings subject to the following limitations 2 and provisions: 3 (i) An order for the tests shall be made only upon 4 application of a party or on the initiative of the court. 5 (ii) The compensation of the experts shall be paid 6 by the party requesting the [blood test] tests or by the 7 county, as the court shall direct. 8 (iii) The court may direct a verdict of acquittal 9 upon the conclusions of all the experts under subsection 10 (f). Otherwise, the case shall be submitted for 11 determination upon all the evidence. 12 (iv) The refusal of a defendant to submit to the 13 tests may not be used in evidence against the defendant. 14 (c) Authority for test.--In any matter subject to this 15 section in which paternity, parentage or identity of a child is 16 a relevant fact, the court, upon its own initiative or upon 17 suggestion made by or on behalf of any person whose blood or DNA 18 is involved, may or, upon motion of any party to the action made 19 at a time so as not to delay the proceedings unduly, shall order 20 the mother, child and alleged father to submit to blood tests, 21 DNA tests or both. If any party refuses to submit to the tests, 22 the court may resolve the question of paternity, parentage or 23 identity of a child against the party or enforce its order if 24 the rights of others and the interests of justice so require. 25 (d) Selection of experts.--The tests shall be made by 26 experts qualified as examiners of blood types or DNA 27 identification, who shall be appointed by the court. The experts 28 shall be called by the court as witnesses to testify to their 29 findings and shall be subject to cross-examination by the 30 parties. Any party or person at whose suggestion the tests have 20080S1525B2313 - 2 -
1 been ordered may demand that other experts qualified as 2 examiners of blood types or DNA identification perform 3 independent tests under order of court, the results of which may 4 be offered in evidence. The number and qualifications of experts 5 shall be determined by the court. 6 * * * 7 (g) Effect on presumption of [legitimacy] paternity.--The 8 presumption of [legitimacy] paternity of a child born during 9 wedlock as heretofore recognized in this Commonwealth is 10 reaffirmed and made subject to the following provisions: 11 (1) Upon petition for testing in an action in which 12 paternity of the child is an issue filed not later than five 13 years after the child's birth, the court shall permit testing 14 to rebut the presumption of paternity provided that the 15 overall interests of justice, including the best interests of 16 the child, would not be unreasonably harmed and: 17 (i) the parties subject to the presumption are 18 divorced or irreconcilably separated, and one or both 19 assert reasonable grounds to believe that application of 20 the presumption is likely to result in an incorrect 21 paternity determination; or 22 (ii) the parties subject to the presumption mutually 23 agree to submit to and be bound by the testing. 24 (2) The presumption of paternity is overcome if the 25 court finds that the conclusions of all the experts as 26 disclosed by the evidence based upon the tests show that the 27 husband is not the father of the child. 28 Section 2. This act shall take effect in 60 days. E16L23SFL/20080S1525B2313 - 3 -