DNA Testing Motion Form

DNA TESTING MOTION FORM

Court:    County:    Case No.:

Petitioner Name:    Respondent Name:

RECITALS

WHEREAS, Petitioner requests that the Court order genetic testing to determine parentage with respect to the minor child: , date of birth: ; and

WHEREAS, the results of an accredited genetic analysis are material and relevant to the issues before the Court, including but not limited to parentage, custody, support, and placement; and

WHEREAS, Petitioner has made reasonable efforts to obtain voluntary consent for testing from the parties identified but consent has not been obtained / is disputed as set forth in the attached statement of facts.

NOW THEREFORE

Petitioner respectfully moves the Court for an order compelling genetic testing and for related relief as set forth below.

1. RELIEF REQUESTED

Petitioner requests that the Court enter an order requiring the following: (a) that the named parties and the minor child submit to genetic testing; (b) that testing be performed by a laboratory accredited for parentage testing; (c) that chain of custody procedures be strictly observed; and (d) that the results be admitted into evidence and used for determination of parentage, support, custody, and any other legally relevant purposes.

2. STATEMENT OF FACTS

3. TYPES OF TESTING REQUESTED

Petitioner requests the following type(s) of genetic analysis (check all that apply):

Autosomal STR (standard parentage test)    Y-STR (male-line testing)    Mitochondrial DNA

Other:

4. LABORATORY AND CHAIN OF CUSTODY

Petitioner proposes that testing be performed by a laboratory accredited for parentage testing and that the collection agency and laboratory comply with standard chain of custody procedures. Proposed laboratory or collection provider:

If available, specify specimen type for each party (e.g., buccal swab, blood) and any special handling requests:

5. COSTS AND PAYMENT

Petitioner requests that the Court allocate responsibility for testing costs as follows (check one):

Petitioner to pay the costs in full.    Respondent to pay the costs in full.    Costs shared as ordered by the Court.

If requesting immediate payment or security, explain basis:

6. PRIOR TESTS AND RELEVANT PROCEEDINGS

Have any prior genetic tests been performed in relation to this child? Yes    No

If yes, identify the testing party, date, laboratory, and result summary:

7. SERVICE, NOTICE, AND HEARING

Petitioner requests that the Court set a hearing on this motion and that notice be provided to all parties and counsel of record at the addresses below.

8. CONFIDENTIALITY AND USE OF RESULTS

Petitioner requests that the Court limit disclosure and use of genetic test results to proceedings involving parentage, support, custody, or other matters before this Court, except as required by law. The laboratory shall provide a sealed report to the Court and counsel as ordered.

9. AUTHORITY AND BASIS

This motion is based on the pleadings filed in this action, the attached statement of facts, the Court's authority to order testing in matters concerning parentage and the best interests of the child, and such further evidence as the Court may consider at hearing.

10. PROPOSED ORDER

11. CERTIFICATION

I, the undersigned Petitioner, certify under penalty of perjury under the laws of the applicable jurisdiction that the facts set forth in this motion and its attachments are true and correct to the best of my knowledge and belief.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This motion shall be governed by the laws of the jurisdiction in which the Court sits and by the procedural and evidentiary rules applicable in that Court.

Entire Agreement: This motion, attachments, and any order entered constitute the complete statement of the relief requested herein and supersede any inconsistent prior statements or agreements between the parties concerning the subject matter of this motion.

Severability: If any provision of this motion or any resulting order is held invalid or unenforceable, the remainder of the motion and any order shall remain in full force and effect.

13. NOTICES; AMENDMENTS; WAIVER

Notices: All notices required by this motion shall be in writing and shall be deemed given when delivered by hand, by electronic transmission where permitted, or by first-class mail to the addresses provided above.

Amendments and Waiver: Any modification or waiver of the terms requested herein must be made in writing and signed by the party to be charged or by Court order.

14. COUNTERPARTS

This motion may be executed in counterparts and by facsimile or electronic signature and each counterpart shall be deemed an original.

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