A. Except as otherwise provided in this article and Article 6 of the New Mexico Uniform Parentage Act, the district court shall order the child and other designated persons to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
(1) alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the persons; or
(2) denying paternity and stating facts establishing a possibility that sexual contact between the persons, if any, did not result in the conception of the child.
B. A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged or adjudicated father.
C. If a request for genetic testing of a child is made before birth, the district court or support-enforcement agency shall not order in-utero testing.
D. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
History: Laws 2009, ch. 215, § 5-502.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
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