N.M. Admin. Code § 8.50.107.12 - GENETIC TESTING
A. The Title
IV-D agency provides genetic testing services, as appropriate. The Title IV-D
agency will not provide genetic testing services when parentage is presumed by
law or has already been adjudicated unless ordered by a court of competent
jurisdiction to do so. The Title IV-D agency will seek the admission into
evidence, for purposes of establishing parentage, the results of a genetic test
that are performed by a laboratory contracted with the Title IV-D agency to
provide this specific service, unless the results are otherwise stipulated to
by the parties. Any party to a Title IV-D case may seek genetic testing outside
of the Title IV-D agency, at their own expense, and obtain a genetic test and
report in compliance with Sections
40-11A-503 to 504 et seq., NMSA
1978. The Title IV-D agency will not present or introduce into evidence the
results of a genetic test report obtained through a laboratory not contracted
with the Title IV-D agency.
B. The
Title IV-D agency may charge any individual who is not a recipient of state aid
for the cost of genetic testing in accordance with the fee schedule in 8.50.125
NMAC. The Title IV-D agency may advance the cost of the fee if the IV-D agency
is a party in a pending court case and is providing full services. If the Title
IV-D agency is not a party in a pending court case and is not providing full
services, the Title IV-D agency may require payment of the fee from any or all
parties prior to scheduling the genetic testing. If a party paying any or all
of the genetic testing fee wants reimbursement from the other party, they must
seek a court order against that party.
C. The Title IV-D agency will charge a father
for genetic testing when parentage is already presumed by law or has already
been adjudicated, regardless of the results of the paternity test. The Title
IV-D agency will charge an alleged father for genetic testing when parentage is
not presumed by law or adjudicated and the results of the test show the alleged
father to be the biological father. The Title IV-D agency will charge the
mother for genetic testing when parentage is not presumed by law or adjudicated
and the results of the test show the alleged father not to be the biological
father.
Notes
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