If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the court finds that the statistical probability of paternity equals or exceeds ninety-nine percent (99%), as calculated by the experts qualified as examiners of genetic markers, and that the paternity index, as calculated by the experts qualified as examiners of genetic markers, is one hundred (100) to one (1) or greater, there is a rebuttable presumption, affecting the burden of proof, of paternity. This presumption shall only be rebutted by a preponderance of the evidence. If the presumption is not rebutted, the court may enter a summary judgment of paternity, pursuant to Rule 56 of the Rules of Civil Procedure.
KRS 406.111
Effect of test results -- Rebuttable presumption
Known as the Uniform Act
The act spans §§ 406–406 (38 sections).
Applied in 13 court decisions — leading case Perry v. Commonwealth Ex Rel. Kessinger (1983)
Most recently applied in K.W. v. J.S. (February 2015)
Effective: July 14, 1992 History: Amended 1992 Ky
How often courts cite this section
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.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.