1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, further providing for determination of
3paternity.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5104 heading, (a), (b), (c), (d) and (g)
7of Title 23 of the Pennsylvania Consolidated Statutes are
8amended to read:

9§ 5104. [Blood tests] Tests to determine paternity.

10(a) [Short title of section.--This section shall be known
11and may be cited as the Uniform Act on Blood Tests to Determine
12Paternity.] Testing.--A test to determine paternity shall be 
13conducted in accordance with this section. The test shall be 
14conducted upon blood, deoxyribonucleic acid (DNA) or both.

15(b) Scope of section.--

16(1) Civil matters.--This section shall apply to all
17civil matters.

18(2) Criminal proceedings.--This section shall apply to
19all criminal proceedings subject to the following limitations

1and provisions:

2(i) An order for the tests shall be made only upon
3application of a party or on the initiative of the court.

4(ii) The compensation of the experts shall be paid
5by the party requesting the [blood test] tests or by the
6county, as the court shall direct.

7(iii) The court may direct a verdict of acquittal
8upon the conclusions of all the experts under subsection
9(f). Otherwise, the case shall be submitted for
10determination upon all the evidence.

11(iv) The refusal of a defendant to submit to the
12tests may not be used in evidence against the defendant.

13(c) Authority for test.--In any matter subject to this
14section in which paternity, parentage or identity of a child is
15a relevant fact, the court, upon its own initiative or upon
16suggestion made by or on behalf of any person whose blood or DNA
17is involved, may or, upon motion of any party to the action made
18at a time so as not to delay the proceedings unduly, shall order
19the mother, child and alleged father to submit to blood tests, 
20DNA tests or both. If any party refuses to submit to the tests,
21the court may resolve the question of paternity, parentage or
22identity of a child against the party or enforce its order if
23the rights of others and the interests of justice so require.

24(d) Selection of experts.--The tests shall be made by
25experts qualified as examiners of blood types or DNA 
26identification, who shall be appointed by the court. The experts
27shall be called by the court as witnesses to testify to their
28findings and shall be subject to cross-examination by the
29parties. Any party or person at whose suggestion the tests have
30been ordered may demand that other experts qualified as

1examiners of blood types or DNA identification perform
2independent tests under order of court, the results of which may
3be offered in evidence. The number and qualifications of experts
4shall be determined by the court.

5* * *

6(g) Effect on presumption of [legitimacy] paternity.--The
7presumption of [legitimacy] paternity of a child born during
8wedlock as heretofore recognized in this Commonwealth is 
9reaffirmed and made subject to the following provisions:

10(1) Upon petition for testing in an action in which
11paternity of the child is an issue filed no later than five
12years after the child's birth, the court shall permit testing
13to rebut the presumption of paternity, provided that the
14overall interests of justice, including the best interests of
15the child, would not be unreasonably harmed and:

16(i) the parties subject to the presumption are
17divorced or irreconcilably separated and one or both
18assert reasonable grounds to believe that application of
19the presumption is likely to result in an incorrect
20paternity determination; or

21(ii) the parties subject to the presumption mutually
22agree to submit to and be bound by the testing.

23(2) The presumption of paternity is overcome if the
24court finds that the conclusions of all the experts as
25disclosed by the evidence based upon the tests show that the
26husband is not the father of the child.

27Section 2. This act shall take effect in 60 days.