Section 7552.5 Of Chapter 2. Blood Tests To Determine Paternity From California Family Law Code >> Division 12. >> Part 2. >> Chapter 2.
7552.5
. (a) A copy of the results of all genetic tests performed
under Section 7552 or 7558 shall be served upon all parties, by any
method of service authorized under Chapter 5 (commencing with Section
1010) of Title 14 of Part 2 of the Code of Civil Procedure except
personal service, no later than 20 days prior to any hearing in which
the genetic test results may be admitted into evidence. The genetic
test results shall be accompanied by a declaration under penalty of
perjury of the custodian of records or other qualified employee of
the laboratory that conducted the genetic tests, stating in substance
each of the following:
(1) The declarant is the duly authorized custodian of the records
or other qualified employee of the laboratory, and has authority to
certify the records.
(2) A statement which establishes in detail the chain of custody
of all genetic samples collected, including the date on which the
genetic sample was collected, the identity of each person from whom a
genetic sample was collected, the identity of the person who
performed or witnessed the collecting of the genetic samples and
packaged them for transmission to the laboratory, the date on which
the genetic samples were received by the laboratory, the identity of
the person who unpacked the samples and forwarded them to the person
who performed the laboratory analysis of the genetic sample, and the
identification and qualifications of all persons who performed the
laboratory analysis and published the results.
(3) A statement which establishes that the procedures used by the
laboratory to conduct the tests for which the test results are
attached are used in the laboratory's ordinary course of business to
ensure accuracy and proper identification of genetic samples.
(4) The genetic test results were prepared at or near the time of
completion of the genetic tests by personnel of the business
qualified to perform genetic tests in the ordinary course of
business.
(b) The genetic test results shall be admitted into evidence at
the hearing or trial to establish paternity, without the need for
foundation testimony of authenticity and accuracy, unless a written
objection to the genetic test results is filed with the court and
served on all other parties, by any party no later than five days
prior to the hearing or trial where paternity is at issue.
(c) If a written objection is filed with the court and served on
all parties within the time specified in subdivision (b), experts
appointed by the court shall be called by the court as witnesses to
testify to their findings and are subject to cross-examination by the
parties.
(d) If a genetic test reflects a paternity index of 100 or
greater, the copy of the results mailed under subdivision (a) shall
be accompanied with a voluntary declaration of paternity form,
information prepared according to Section 7572.