Section 16.43 Report on Blood Test in Paternity Proceeding

• Library: Evidence 2017

C. (§16.43) Report on Blood Test in Paternity Proceeding

The Uniform Parentage Act, §§ 210.817–210.852, RSMo 2016, “details the procedure for requesting, obtaining, and admitting blood test results into evidence.” State ex rel. K.R. by May v. Brashear, 841 S.W.2d 754, 756 (Mo. App. E.D. 1992). The court may order, and on request of a party shall order, blood tests of the mother, child, alleged father, or any other male witness who testifies to having sexual relations with the mother. Section 210.834.5, RSMo 2016, provides that an expert’s report of the results of a blood test shall be admitted at trial “without the need for foundation testimony or other proof of authenticity or accuracy” unless a written challenge to the test is filed. Certified documentation of the chain of custody is sufficient to establish the chain of custody. A test not ordered by the court is also admissible if it is conducted by an expert as defined in § 210.834.7.

The point for counsel to remember here is that the exclusive method of challenging the test results is by filing a written motion challenging the testing procedures, the chain of custody, or the results. The motion must be sustained at least 30 days before trial. Section 210.834.5. To have the motion “sustained . . . not less than thirty days before trial,” id., will require filing it far...