NRS126.121. Tests for typing of blood or genetic identification; admissibility in court; effect of refusal to submit to test.

      1.  The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by a designated person, by qualified physicians or by other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. The results of the test and any sample or specimen taken may be used only for the purposes specified in this chapter. Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy. The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories.

      2.  If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.

      3.  The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts or qualified laboratories.

      4.  In all cases, the court shall determine the number and qualifications of the experts and laboratories.

      5.  As used in this section:

      (a) “Designated person” means a person who is:

             (1) Properly trained to take samples or specimens for tests for the typing of blood and genetic identification; and

             (2) Designated by an enforcing authority to take such samples or specimens.

      (b) “Enforcing authority” means the Division of Welfare and Supportive Services of the Department of Health and Human Services, its designated representative, a district attorney or the Attorney General when acting pursuant to NRS 425.380.

      (Added to NRS by 1979, 1273; A 1991, 1337; 1995, 2418; 2007, 1525)