NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 576
SENATE BILL 230
AN ACT REGARDING THE COMPETENCY OF BLOOD TESTS AS EVIDENCE IN CRIMINAL OR CIVIL ACTIONS OR PROCEEDINGS IN WHICH THE QUESTION OF PARENTAGE ARISES AND TO SPECIFY PAYMENT OF COSTS.
Whereas, the percentage of illegitimate births in North Carolina has in recent years steadily increased to at least 16.8 percent of all births for the calendar year 1977 (14,208 illegitimate births); and
Whereas, the medical state of the art was formerly such that blood tests made in paternity cases could only be used to exclude a putative parent from the class of persons potentially capable of being the biological parent; however, a recent breakthrough in medical science now enables extended factor blood tests to show the inclusionary probability that a putative parent is the biological parent of a child; and
Whereas, a great many of the children born out of wedlock join the public welfare rolls and thereby increase the burden on State taxpayers; and
Whereas, the availability of inclusionary in addition to exclusionary results of extended factor blood tests promotes the use of objective medical evidence in parentage matters by plaintiffs as well as defendants and thereby facilitates the plaintiffs' ability to fairly and accurately meet their burden of proof; and
Whereas, the facilitation of the plaintiffs' ability to fairly and accurately meet their burden of proof in parentage matters has the effect of placing the burden of supporting illegitimate children on the persons who should be responsible, the biological parents; and
Whereas, a statute is needed which will allow the adjudication of maternity as well as paternity; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. G.S. 8-50.1, as the same appears in the 1977 Supplement to the 1969 Replacement to Volume 1B of the General Statutes, is hereby rewritten to read as follows:
"§ 8-50.1. Competency of blood tests; jury charge; taxing of expenses as costs. — (a) In the trial of any criminal action or proceeding in any court in which the question of parentage arises, regardless of any presumptions with respect to parentage, the court before whom the matter may be brought, upon motion of the State or the defendant, shall order that the alleged‑parent defendant, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged-parent defendant, the known natural parent, and the child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Upon receipt of a motion and the entry of an order under the provisions of this subsection, the court shall proceed as follows:
(1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsistent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent-defendant cannot be the natural parent of the child, the jury shall be instructed that if they believe that the witness presenting the results testified truthfully as to those results, and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent; whereupon, the court shall enter the special verdict of not guilty; and
(2) By requiring the State or defendant, as the case may be, requesting the blood tests and comparisons pursuant to this subsection to initially be responsible for any of the expenses thereof and upon the entry of a special verdict incorporating a finding of parentage or non-parentage, by taxing the expenses for blood tests and comparisons, in addition to any fees for expert witnesses allowed per G.S. 7A-314 whose testimonies supported the admissibility thereof, as costs in accordance with G.S. 7A-304; G.S. Chapter 6, Article 7; or G.S. 7A-315, as applicable.
(b) In the trial of any civil action in which the question of parentage arises, the court before whom the matter may be brought, upon motion of the plaintiff, alleged-parent defendant, or other interested party, shall order that the alleged-parent defendant, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged-parent defendant, the known natural parent, and the child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged-parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other qualified person. Upon receipt of a motion and the entry of an order under the provisions of this subsection, the court shall proceed as follows:
(1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsistent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged-parent defendant cannot be the natural parent of the child, the jury shall be instructed that if they believe that the witness presenting the results testified truthfully as to those results, and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged‑parent defendant is not the natural parent; and
(2) By requiring the plaintiff, alleged-parent defendant or other interested party requesting blood tests and comparisons pursuant to this subsection to initially be responsible for any of the expenses thereof and upon the entry of a verdict of parentage or non-parentage, by taxing the expenses for blood tests and comparisons, in addition to any fees for expert witnesses allowed per G.S. 7A-314 whose testimonies supported the admissibility thereof, as costs in accordance with the provisions of G.S. 6-21."
Sec. 2. G.S. 49-7, as the same appears in the 1977 Supplement to the 1976 Replacement to Volume 2A of the General Statutes, is hereby amended by rewriting the second paragraph to read as follows:
"The court before whom the matter may be brought, on motion of the State or the defendant, shall order that the alleged-parent defendant, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged-parent defendant, the known natural parent, and the child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist or other duly qualified person. The evidentiary effect of those blood tests and comparisons and the manner in which the expenses therefor are to be taxed as costs shall be as prescribed in G.S. 8-50.1. In addition, if a jury tries the issue of parentage, they shall be instructed as set out in G.S. 8-50.1. From a finding on the issue of parentage against the alleged-parent defendant, the alleged-parent defendant has the same right of appeal as though he or she had been found guilty of the crime of willful failure to support an illegitimate child."
Sec. 3. G.S. 7A-304(c), as the same appears in the 1977 Supplement to the 1969 Replacement to Volume 1B of the General Statutes, is hereby amended by inserting the phrase "expenses for blood tests and comparisons incurred per G.S. 8-50.1(a)," between the words "witness fees," and "jail fees" on line 2 of that subsection.
Sec. 4. G.S. 7A-315, as the same appears in the 1969 Replacement to Volume 1B of the General Statutes, is hereby amended by deleting the period at the end thereof and substituting therefor the following phrase:
"allowed per G.S. 7A-314 and any expenses for blood tests and comparisons incurred per G.S. 8-50.1(a)."
Sec. 5. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 16th day of May, 1979.