Paternity Testing Information for the
Rhode Island (RI)
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The Rhode Island Statute
(a) In a proceeding under this chapter before trial, the court,
upon application made by or on behalf of any party to the action,
and supported by sworn affidavit, or on its own motion, shall
order that the mother, child, alleged father, and any other party
to the action submit to blood or tissue typing tests which may
include, but are not limited to, tests of red cell antigens, red
cell isoenzymes, human leukocyte antigens, serum proteins, DNA and
other genetic testing, to determine whether the alleged father is
likely to be, or is not, the father of the child. The sworn
affidavit must include a statement alleging paternity and setting
forth facts establishing a reasonable possibility of sexual
contact during the probable period of conception or a statement
denying paternity and setting forth facts establishing a
reasonable possibility of the nonexistence of sexual contact
during the probable period of conception. In a proceeding to
establish paternity and/or support brought pursuant to the Rhode
Island state plan for child and spousal support enforcement, in
conformance with title IV, part D of the federal Social Security
Act, 42 U.S.C. § 651 et seq., if the alleged father denies
paternity in response to a paternity complaint and provides a
sworn affidavit as provided in this section, the division of
taxation within the department of administration shall have the
authority to administratively order the parties to attend a blood
or tissue typing testing and schedule blood testing for the
parties, of the type described in this section, without the
necessity of making application to the court, and the parties
shall attend and submit to a blood or tissue typing test under
penalty of default in accordance with § 15-8-18.1.
(b) A blood or tissue typing test shall be made by a person the
court determines is qualified as an examiner of blood or tissue
types.
(c) The court shall fix or approve the compensation of any
expert at a reasonable amount, and may direct the compensation to
be paid by the state, or by any other party to the case, or by
both, in the proportions and at the times the court prescribes,
and that, after payment by a party, all or part or none of the
payment shall be taxed as costs in the action. Before the making
of a blood or tissue typing test, the court may order any part or
all of the compensation paid in advance.
(d) The result of a blood or tissue typing test and, if a
determination of exclusion of paternity cannot be made, a
calculation of the probability of paternity made by a person the
court determines is qualified as an examiner of blood or tissue
types based on the result of a blood or tissue typing test shall
be admissible in evidence in the trial of the case. A written
report of the test results, including a calculation of the
probability of paternity or a determination of exclusion of
paternity, prepared by the qualified expert conducting the test,
or by a qualified expert under whose supervision or direction the
test and analysis have been performed, certified by an affidavit
duly subscribed and sworn to by him or her before a notary public,
may be introduced into evidence without the need for foundation
testimony or other proof of authenticity or accuracy and without
the necessity of calling the expert as a witness, unless an
objection challenging the test procedures or results has been
filed within ten (10) days before any hearing at which the results
may be introduced into evidence and a cash bond posted with
registry of the family court in an amount sufficient to cover the
costs of the qualified expert to appear and testify.
(e) If the results of the blood tests admitted into evidence establish
a ninety-seven percent (97%) or greater probability of
inclusion that a party is the biological father of the child, then
that probability shall constitute a conclusive presumption of
paternity.
(f) Any reference to "blood test" in this chapter
shall mean blood or tissue typing test.
This information is provided for reference only
