Cal. FAM § 7558 — California Code / Code fam / Division 12 / Part 2 / Chapter 2 / Section 7558
Section 7558
Status: in_force

(a) This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400.

(b) In any civil action or proceeding in which parentage is a relevant fact, and in which the issue of parentage is contested, the local child support agency may issue an administrative order requiring the mother, child, and the alleged father to submit to genetic testing if any of the following conditions exist:

(1) The person alleging parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is the child’s genetic parent.

(2) The person denying parentage has signed a statement under penalty of perjury that sets forth facts that establish a reasonable possibility that the person is not a genetic parent of the child.

(3) The alleged father has filed an answer in the action or proceeding in which parentage is a relevant fact and has requested that genetic tests be performed.

(4) The woman who gave birth to the child and the alleged father agree in writing to submit to genetic tests.

(c) Notwithstanding subdivision (b), the local child support agency may not order a person to submit to genetic tests in any of the following instances:

(1) The person has been found to have good cause for failure to cooperate in the determination of parentage pursuant to Section 11477 of the Welfare and Institutions Code.

(2) A case in which more than one person other than the woman who gave birth asserts a claim under this division to be the child’s parent.

(3) A case involving a child conceived through assisted reproduction.

(d) The local child support agency shall pay the costs of any genetic tests that are ordered under subdivision (b), subject to the county obtaining a court order for reimbursement from the alleged father if parentage is established pursuant to Section 7553.

(e) This section does not prohibit a person who has been ordered by the local child support agency to submit to genetic tests pursuant to this section from filing a notice of motion with the court in the action or proceeding in which parentage is a relevant fact seeking relief from the local child support agency’s order to submit to genetic tests. In that event, the court shall resolve the issue of whether genetic tests should be ordered as provided in Section 7551. When a person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of parentage against that person or enforce the administrative order if the rights of others or the interest of justice so require. Except as provided in subdivision (c), a person’s refusal to submit to tests ordered by the local child support agency is admissible in evidence in any proceeding to determine parentage if a notice of motion is not filed within the timeframes specified in this subdivision.

(f) If the original test result is contested, the local child support agency shall order an additional test only upon request and advance payment of the contestant.

(g) The local child support agency shall not order in utero genetic testing.

(h) The local child support agency shall administer this section consistent with federal law.