Paternity Testing Information for the State of Wyoming (WY)

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The Wyoming Paternity Statutes

14-2-109. Genetic tests; experts; presumptions; dismissal based on genetic tests; genetic test material; use of genetic information; penalty.

(a) As used in this act:

(i) "Genetic markers" mean separate identifiable genes or complexes of genes generally isolated as a result of blood typing, at least seven (7) of which are normally tested in a paternity determination;

(ii) "Genetic tests" means blood or tissue typing tests including, but not limited to, tests of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins or deoxyribonucleic acid.

(b) Tests shall be performed by an expert qualified as an examiner of genetic markers appointed by the court. The tests shall be of a type generally acknowledged as reliable by accreditation bodies, including those designated by the United States secretary of health and human services and performed by a laboratory approved by such an accreditation body.

(c) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of genetic markers. The party requesting the test shall be ordered by the court to pay for the test. Any objection to the results of a genetic test shall be made in writing not later than twenty (20) days after the results of the test are received by the person making the objection.

(d) In all cases the court shall determine the number and qualifications of the experts.

(e) The results of genetic tests shall have the following effect:

(i) If the court finds that the conclusion of all the experts, as disclosed by the evidence based upon the tests, is that it is unlikely the alleged parent is the parent of the child, the alleged parent is presumed not to be the parent and this evidence shall be admitted. This presumption may be rebutted only by clear and convincing evidence;

(ii) If the experts disagree in their findings or conclusions, the question of paternity shall be submitted upon all the evidence;

(iii) If the experts conclude that the genetic tests show that the alleged parent is not excluded and that the probability of the alleged parent's parentage is less than ninety-seven percent (97%), this evidence shall be admitted by the court and shall be weighed with other competent evidence;

(iv) If the experts conclude that the genetic tests show that the alleged parent is not excluded and that the probability of the alleged parent's parentage is ninety-seven percent (97%) or higher, the alleged parent is presumed to be the parent and this evidence shall be admitted. This presumption may be rebutted only by clear and convincing evidence.

(f) If the tests conducted under this section are of a type generally acknowledged as reliable by accreditation bodies, including those designated by the United States secretary of health and human services and performed by a laboratory approved by such an accreditation body, the results shall be admissible as evidence in a paternity action without need for foundation testimony or other proof of authenticity or accuracy.

(g) Notwithstanding subsections (a) through (d) of this section, the court or the department of family services may require the child, mother or alleged father to submit to genetic tests for the purpose of establishing paternity. The department of family services shall recover costs of genetic testing and reasonable fees and expenses incurred directly or indirectly by the department or attorneys working on behalf of the department in establishing, modifying or enforcing child support obligations.

(h) Any person who provides body fluids or tissue for genetic testing under this section shall provide an affidavit under a lawfully administered oath or affirmation that the body fluids or tissue provided for the testing are from the affiant's body. Any person who fraudulently represents himself as being another person in submitting to genetic tests, or who submits as his own the body fluid or tissue of another person for genetic testing is guilty of perjury and upon conviction is subject to the penalties as provided in W.S. 6-5-301.

(j) In all cases where paternity testing is undertaken, all genetic information, including genetic material and test results, shall be maintained only as long as the accreditation body specified in subsection (b) of this section requires such materials to be maintained for accreditation purposes. Thereafter, all materials shall be destroyed or returned to the individual from whom the information was obtained.

(k) No testing shall be conducted on any identifiable genetic material for purposes other than paternity determination without the written consent of the individual from whom the genetic material is obtained.

(m) All information obtained from identifiable genetic material submitted or used for determination of paternity shall be confidential and used solely for the purposes of determining paternity, unless individual identifiers are removed from the data used for purposes other than establishing paternity.

(n) For purposes of this section, "genetic information" means any information about genes, gene products or inherited characteristics that may derive from the individual or a family member, including, but not limited to, information:

(i) Regarding carrier status;

(ii) Regarding an increased likelihood of future disease or increased sensitivity to any substance;

(iii) Derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, requests for genetic services or counseling, tests of gene products and direct analysis of genes or chromosomes.

(o) Release of any information obtained in paternity testing without the written consent of the individual from whom the genetic material is obtained to anyone not directly involved in the paternity determination shall be a misdemeanor and upon conviction shall be punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both fine and imprisonment.

This information is provided for reference only