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Court Rule

N1910.15 Paternity

RULE N1910.15. PATERNITY.
 
(a) In any support matter where the paternity of a child born out of wedlock is disputed, and in such other cases as the Court deems appropriate, the Court upon its own motion, or on the stipulation of the parties, or on the motion of any of the parties, shall order the mother, child and alleged father to submit to HLA blood testing or genetic testing as deemed appropriate by the Court for the purpose of establishing paternity.

(b)
(1) Domestic Relations Division shall notify all parties in writing at least ten (10) days in advance of the time and place scheduled for taking blood test samples.
(2) When defendant has appeared generally in the action by attending a conference or otherwise appearing in the Domestic Relations Division in answer to notice to appear, a certified copy of the blood test order may be served on defendant by first class mail at defendant's address of record given by defendant to the Domestic Relations Division. In all other cases Domestic Relations Division shall effect personal service of notice, or such substituted notice as the Court shall direct.

(c) Any and all genetic marker testing included in the standards for the accreditation of parentage testing laboratories published by the American Association of Blood Banks and approved by the Courts of this Commonwealth are approved. Tests may be conducted by the agency utilized by the Domestic Relations Division. Arrangements for the collection and the testing of blood samples shall be prescribed by the Director of the Domestic Relations Division. Written copies of the test results shall be furnished to the parties or their counsel of record.

(d) Where a party fails after due notice to appear for blood testing ordered by the Court, and fails to offer reasonable excuse for the failure to appear, paternity may be adjudicated upon motion of the adverse party. Either party must promptly give reasonable excuse for the failure to appear for scheduled blood tests; no adjudication finally disposing of a paternity issue by reason of default in appearance for Court ordered blood test shall issue except upon petition, rule to show cause, and opportunity for hearing.

(e) After the results of the blood testing are received; the moving party shall praecipe the case onto next available jury or non-jury list, except where for good cause a delay is required. The moving party shall be responsible for scheduling expert testimony.

(f) No further support proceedings shall be scheduled until paternity has been established. A support conference shall only be scheduled upon the adjudication of paternity or upon the defendant's formal acknowledgment of paternity.
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Created at 1/29/2016 10:40 AM by Vitek Gajewski
Last modified at 1/29/2016 10:40 AM by Vitek Gajewski
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