Section 28.17 Scientific Testing

• Library: Family Law Deskbook and 2014 Supp

B. (§28.17) Scientific Testing

Medical science has developed systems of comparing genetic markers on human blood and body tissue that have become the single most relied-on body of evidence in parentage actions. Early blood test procedures, such as the ABO and Rh tests, could only exclude paternity, but they could not generate a probability of paternity greater than 50%. But with the development of the HLA (Human Leukocyte Antigens) and DNA methodology, the scientific tests can produce practically absolute identification of parentage. The MoUPA now establishes a presumption of paternity when the scientific testing results in a probability of paternity of 98% or greater. Section 210.822.1(4), RSMo 2000. When the blood tests show that the person alleged or presumed to be the father is not the father, that evidence is conclusive of nonpaternity, and any pending action must be dismissed. Section 210.834.4, RSMo 2000. The term “[b]lood tests,” as defined in § 210.817(1), RSMo 2000, specifically includes “any medically recognized analysis which uses blood or other body tissue or fluid to isolate and identify genetic or other characteristics in order to determine the probability of paternity or the probability of exclusion of paternity.” The definition specifically includes the HLA and DNA methodology.

In a parentage action, a court “may, and upon request of any party shall” order the parties to submit to paternity blood testing. Section...