(A) As soon as practicable after an action has been commenced, the court, upon its motion or that of an interested party, may order the natural mother, the putative father, and the child to submit to genetic tests such as red blood cell antigen testing, human leukocyte antigen (HLA) testing, electrophoresis, or other tests which have been developed for the purpose of proving or disproving parentage and which are reasonably accessible. If the court orders any of these tests, and if the action is commenced prior to the birth of the child, the court shall also order that the tests be made as soon as medically feasible after the birth of the child. The tests must be performed under the supervision of a qualified expert. In all cases the court shall determine the number and the qualifications of experts, except that the parties may submit for the court's approval a written stipulation regarding experts and facilities to be used for testing. The costs of any tests not disposed of by written stipulation must be paid by the parties as ordered by the court. However, in any action initiated pursuant to Section 43-5-220 where the court determines that the respondent is indigent, the court may order that these costs be borne by the petitioner. When the State of South Carolina is the petitioner and the respondent is indigent and the court orders the petitioner to pay these costs, they must be paid from amounts collected under the Child Support Enforcement Program (Title IV-D).

(B) For all child support cases administered under Title IV-D of the Social Security Act, the child and all other parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that paternity has been previously established by operation of law or judicial finding of fact.

(C) For all child support cases not administered under Title IV-D of the Social Security Act, the child and all parties in a contested paternity case, upon the request of any party to the action, must be ordered by the court to submit to the genetic testing, as provided for in subsection (A), to determine paternity. This testing is not required where the court determines that good cause, including the presumption of legitimacy, not to order the test exists or where the court determines that paternity has been established previously by operation of law or judicial finding of fact.

(D) Any order issued under this section is enforceable by contempt.

HISTORY: 2008 Act No. 361, Section 2.

Editor's Note

The Child Support Enforcement Program (Title IV D), referred to in this section appears at 42 USCA Sections 651 et seq.