Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests

§ 418. Genetic marker and DNA tests; admissibility of records or
reports of test results; costs of tests. (a) The court, on its own
motion or motion of any party, when paternity is contested, shall order
the mother, the child and the alleged father to submit to one or more
genetic marker or DNA marker 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 shall be received in
evidence, 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. Any order pursuant to this section
shall state in plain language that the results of such test shall be
admitted into evidence, pursuant to rule forty-five hundred eighteen of
the civil practice law and rules absent timely objections 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 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, if unrebutted, shall establish the paternity of and liability for
the support of a child pursuant to this article and article five 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.