Montana Code Annotated 2023



Part 2. Administrative Enforcement of Support

Paternity Genetic Tests -- Use Of Expert's Affidavit -- Effect Of Test Results -- Records -- Presumption

40-5-234. Paternity genetic tests -- use of expert's affidavit -- effect of test results -- records -- presumption. (1) The department shall appoint an expert who is qualified in examining genetic markers to conduct any paternity genetic test required by 40-5-233.

(2) An affidavit documenting the chain of custody of any blood or tissue specimen is admissible to establish the chain of custody.

(3) If the scientific evidence resulting from a paternity genetic test:

(a) conclusively shows that the alleged father could not have been the natural father, the question of paternity must be resolved accordingly. A finding under this subsection is sufficient to overcome a presumption created by 40-6-105.

(b) shows a 95% or higher statistical probability of paternity, the alleged father is presumed to be the natural father of the child. This presumption may be rebutted in an appropriate action in district court by a preponderance of the evidence.

(c) does not exclude the alleged father and shows less than a 95% statistical probability of paternity, the test results may be weighed in conjunction with other evidence to establish paternity.

(4) The department may enter an order of nonpaternity based on a genetic test exclusion and may order the department of public health and human services to prepare an amended or substitute birth certificate.

(5) The department may enter in the support order registry established in 40-5-906 a written finding of any paternity presumption created by paternity genetic test results.

(6) A presumption of paternity established under this section is a sufficient basis for establishing a support order.

History: En. Sec. 5, Ch. 119, L. 1989; amd. Sec. 3, Ch. 70, L. 1995; amd. Sec. 3, Ch. 564, L. 2005; amd. Sec. 7, Ch. 364, L. 2019.