N.Y. Family Court Act § 532: Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests

§ 532. Genetic marker and DNA tests; admissibility of records or

reports of test results; costs of tests. (a) The court shall advise the

parties of their right to one or more genetic marker tests or DNA tests

and, on the court's own motion or the motion of any party, shall order

the mother, her child and the alleged father to submit to one or more

genetic marker or DNA tests of a type generally acknowledged as reliable

by an accreditation body designated by the secretary of the federal

department of health and human services and performed by a laboratory

approved by such an accreditation body and by the commissioner of health

or by a duly qualified physician to aid in the determination of whether

the alleged father is or is not the father of the child. No such test

shall be ordered, however, upon a written finding by the court that it

is not in the best interests of the child on the basis of res judicata,

equitable estoppel, or the presumption of legitimacy of a child born to

a married woman. The record or report of the results of any such genetic

marker or DNA test ordered pursuant to this section or pursuant to

section one hundred eleven-k of the social services law shall be

received in evidence by the court pursuant to subdivision (e) of rule

forty-five hundred eighteen of the civil practice law and rules where no

timely objection in writing has been made thereto and that if such

timely objections are not made, they shall be deemed waived and shall

not be heard by the court. If the record or report of the results of any

such genetic marker or DNA test or tests indicate at least a ninety-five

percent probability of paternity, the admission of such record or report

shall create a rebuttable presumption of paternity, and shall establish,

if unrebutted, the paternity of and liability for the support of a child

pursuant to this article and article four of this act.

(b) Whenever the court directs a genetic marker or DNA test pursuant

to this section, a report made as provided in subdivision (a) of this

section may be received in evidence pursuant to rule forty-five hundred

eighteen of the civil practice law and rules if offered by any party.

(c) The cost of any test ordered pursuant to subdivision (a) of this

section shall be, in the first instance, paid by the moving party. If

the moving party is financially unable to pay such cost, the court may

direct any qualified public health officer to conduct such test, if

practicable; otherwise, the court may direct payment from the funds of

the appropriate local social services district. In its order of

disposition, however, the court may direct that the cost of any such

test be apportioned between the parties according to their respective

abilities to pay or be assessed against the party who does not prevail

on the issue of paternity, unless such party is financially unable to

pay.