Cal. Fam. Code § 7555
Genetic Testing to Determine Parentage
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2019
As of January 1, 2011
(a) There is a rebuttable presumption, affecting the burden of proof, of paternity, if the court finds that the paternity index, as calculated by the experts qualified as examiners of genetic markers, is 100 or greater. This presumption may be rebutted by a preponderance of the evidence.
(b) As used in this section:
(1) “Genetic markers” mean separate genes or complexes of genes identified as a result of genetic tests.
(2) “Paternity index” means the commonly accepted indicator used for denoting the existence of paternity. It expresses the relative strength of the test results for and against paternity. The paternity index, computed using results of various paternity tests following accepted statistical principles, shall be in accordance with the method of expression accepted at the International Conference on Parentage Testing at Airlie House, Virginia, May 1982, sponsored by the American Association of Blood Banks.
(a) Subject to a challenge under subdivision (b), a person is identified under this part as a genetic parent of a child if genetic testing complies with this part and the results of the testing disclose both of the following:
(1) The person has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing.
(2) A combined relationship index of at least 100 to 1.
(b) A person identified pursuant to subdivision (a) as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this chapter that either excludes the person as a genetic parent of the child or identifies another person as a possible genetic parent of the child other than the woman who gave birth to the child or the person challenging parentage.
(c) If more than one person, other than the woman who gave birth to the child, is identified by genetic testing as a possible genetic parent of the child, the court shall order each person to submit to further genetic testing to identify a genetic parent.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.