Texas Family Code - Section 160.503. Requirements For Genetic Testing

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§ 160.503. REQUIREMENTS FOR GENETIC TESTING.  (a) Genetic 
testing must be of a type reasonably relied on by experts in the 
field of genetic testing.  The testing must be performed in a 
testing laboratory accredited by:
		(1)  the American Association of Blood Banks, or a 
successor to its functions;
		(2)  the American Society for Histocompatibility and 
Immunogenetics, or a successor to its functions;  or
		(3)  an accrediting body designated by the federal 
secretary of health and human services.
	(b)  A specimen used in genetic testing may consist of one or 
more samples, or a combination of samples, of blood, buccal cells, 
bone, hair, or other body tissue or fluid.  The specimen used in the 
testing is not required to be of the same kind for each individual 
undergoing genetic testing.
	(c)  Based on the ethnic or racial group of an individual, 
the testing laboratory shall determine the databases from which to 
select frequencies for use in the calculation of the probability of 
paternity of the individual.  If there is disagreement as to the 
testing laboratory's choice:
		(1)  the objecting individual may require the testing 
laboratory, not later than the 30th day after the date of receipt of 
the report of the test, to recalculate the probability of paternity 
using an ethnic or racial group different from that used by the 
laboratory;
		(2)  the individual objecting to the testing 
laboratory's initial choice shall:
			(A)  if the frequencies are not available to the 
testing laboratory for the ethnic or racial group requested, 
provide the requested frequencies compiled in a manner recognized 
by accrediting bodies;  or
			(B)  engage another testing laboratory to perform 
the calculations;  and   
		(3)  the testing laboratory may use its own statistical 
estimate if there is a question regarding which ethnic or racial 
group is appropriate and, if available, shall calculate the 
frequencies using statistics for any other ethnic or racial group 
requested.
	(d)  If, after recalculation using a different ethnic or 
racial group, genetic testing does not rebuttably identify a man as 
the father of a child under Section 160.505, an individual who has 
been tested may be required to submit to additional genetic 
testing.

Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 
2001.      

Last modified: August 10, 2007