Paternity Testing Information for the
Arkansas (AR)
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The Arkansas Statute
(a)(1) Upon motion of either party in a paternity action, the
trial court shall order that the putative father, mother, and
child submit to scientific testing for paternity, which may
include deoxyribonucleic acid testing, to determine whether or not
the putative father can be excluded as being the biological father
of the child and to establish the probability of paternity if the
testing does not exclude the putative father.
(2)(A) Upon motion of either party in a paternity action when
the mother is deceased or unavailable, the trial court shall order
that the putative father and child submit to scientific testing
for paternity, which may include deoxyribonucleic acid typing, to
determine whether or not the putative father can be excluded as
being the biological father of the child and to establish the
probability of paternity if the testing does not exclude the
putative father.
(B) If a maternal relative is available and willing to
participate in paternity testing, the trial court shall include
such maternal relative within its order for paternity testing.
(3)(A) Upon motion of either party in a paternity action when
the father is deceased or unavailable, the trial court shall order
that the mother and child submit to scientific testing for
paternity, which may include deoxyribonucleic acid typing, to
determine whether or not the putative father can be excluded as
being the biological father of the child and to establish the
probability of paternity if the testing does not exclude the
putative father.
(B) If a paternal relative is available and willing to
participate in paternity testing, the trial court shall include
such paternal relative within its order for paternity testing.
(4) The tests shall be made by a duly qualified expert or
experts to be appointed by the court.
(5)(A) A written report of the test results prepared by the
duly qualified expert conducting the test or by a duly qualified
expert under whose supervision or direction the test and analysis
have been performed certified by an affidavit duly subscribed and
sworn to by him or her before a notary public may be introduced in
evidence in paternity actions without calling the expert as a
witness unless a motion challenging the test procedures or results
has been filed within thirty (30) days of the trial on the
complaint and bond is posted in an amount sufficient to cover the
costs of the duly qualified expert to appear and testify.
(B)(i) If contested, documentation of the chain of custody of
samples taken from test subjects in paternity testing shall be
verified by affidavit of one (1) person witnessing the procedure
or extraction, packaging, and mailing of the samples and by one
(1) person signing for the samples at the place where same are
subject to the testing procedure.
(ii) Submission of the affidavits along with the submission of
the test results shall be competent evidence to establish the
chain of custody of these specimens.
(6)(A) If the results of the paternity tests establish a
ninety-five-percent or more probability of inclusion that the
putative father is the biological father of the child after
corroborating testimony of the mother in regard to access during
the probable period of conception, it shall constitute a prima
facie case of establishment of paternity and the burden of proof
shall shift to the putative father to rebut such proof.
(B) If the results of the paternity tests conducted pursuant to
subdivision (a)(2) of this section establish a ninety-five-percent
or more probability of inclusion that the putative father is the
biological father of the child, after corroborating testimony
concerning the conception, birth, and history of the child, this
shall constitute a prima facie case of establishment of paternity,
and the burden of proof shall shift to the putative father to
rebut such proof.
(7) Whenever the court orders scientific testing for paternity
and one (1) of the parties refuses to submit to the testing, that
fact shall be disclosed upon the trial and may be considered civil
contempt of court.
(8) The costs of the scientific testing for paternity and
witness fees shall be taxed by the court as other costs in the
case.
(9) Whenever it shall be relevant to the prosecution or the
defense in a paternity action, scientific testing for paternity
which excludes third parties as the biological father of the child
may be introduced under the same requirements as set out in this
section.
(b) The appearance of the name of the father with his consent
on the certificate of birth, the social security account number of
the alleged father filed with his consent with the Division of
Vital Records of the Department of Health of this state pursuant
to § 20-18-407, a certified copy of the certificate or records on
which the name of the alleged father was entered with his consent
from the vital records department of another state, or the
registration of the father with his consent in the putative father
registry of this state pursuant to § 20-18-702 shall constitute a
prima facie case of establishment of paternity, and the burden of
proof shall shift to the putative father to rebut such in a
proceeding for paternity establishment.
This information is provided for reference only
