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KRS 406.091

Ratification of unchallenged acknowledgment of paternity -- Genetic tests to include tests for inherited characteristics -- Appointment of examiner of genetic markers -- Genetic testing in contested paternity case -- Admissibility of test results -- Additional tests -- Costs

Known as the Uniform Act

The act spans §§ 406–406 (38 sections).

Applied in 6 court decisions — leading case Perry v. Commonwealth Ex Rel. Kessinger (1983)

Most recently applied in J.K. v. N.J.A. (April 2013)

Effective: July 1, 2025 History: Amended 2025 Ky

How often courts cite this section

1983199020002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) An unchallenged acknowledgment of paternity shall be ratified under KRS Chapter 213 without the requirement for judicial or administrative proceedings. If a genetic test is required, the court shall direct that inherited characteristics be determined by appropriate testing procedures, and shall appoint an expert qualified as an examiner of genetic markers to analyze and interpret results and to report to the court.

(2) In a contested paternity case, the child and all other parties shall submit to genetic testing upon a request of any such party which shall be supported by a sworn statement of the party, except for good cause.

(3) Genetic test results are admissible and shall be weighed along with other evidence of the alleged father's paternity.

(4) Any objection to genetic testing results shall be made in writing to the court within twenty (20) days of receipt of genetic test results. If the results of genetic tests or the expert's analysis of inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that an additional test be made by the same laboratory or independent laboratory at the expense of the party requesting additional testing. If no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.

(5) Verified documentation of the chain of custody in transmitting the blood specimens is competent evidence to establish the chain of custody.

(6) A verified expert's report shall be admitted at trial unless the expert is called by a party or the court as a witness to testify to his or her findings.

(7) Except where the Office of the Attorney General administratively orders genetic testing, all costs associated with genetic testing shall be paid by the party who requested that the action be brought pursuant to KRS 406.021.

(8) When administratively ordered, the Office of the Attorney General shall pay the cost of genetic testing to establish paternity, subject to recoupment from the alleged father when paternity is established. The Office of the Attorney General shall obtain additional testing in any case if an original test is contested, upon request and advance payment by the contestant.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.