1. (a) Putative father requests testing.

   1. (1) If the person named to be the putative father of a child disputes that he is the biological father, he may request genetic testing.
   2. (2) The Office of Child Support Enforcement will schedule testing through a court-approved genetic testing company.

2. (b) Administrative order for testing.

   1. (1)

      1. (A) If the putative father does not respond to the initial request from the office for contact or if he responds but does not want to sign the AOP or submit to genetic testing, the office may issue an administrative order for paternity testing that will require the mother, putative father, and minor child to submit themselves for paternity testing.
      2. (B) The office will cause a copy of the administrative order for paternity testing to be served by certified mail on the mother and putative father.

   2. (2)

      1. (A) Any party to an administrative order for paternity testing may object to the order and request an administrative hearing within twenty (20) days of receiving the order.
      2. (B) The purpose of the administrative hearing will be limited to whether the paternity testing under the administrative order should be conducted.
3. (c) Court-ordered testing. If the putative father does not respond to the initial contact letter or declines to cooperate with administrative paternity testing, the office will initiate a court action to establish paternity.
4. (d) Results of testing. If the results of paternity testing establish a probability of inclusion that the putative father is the biological father of the child, the office will file a complaint for paternity and child support in the circuit court.

5. (e) Paternity testing after paternity is established by a court order.

   1. (1)

      1. (A) State law allows a man who has been adjudicated to be the father or who has acknowledged paternity of a child who has not had a genetic test previously to have one (1) paternity test at any time during the time in which he is ordered to pay support.
      2. (B) If an acknowledgment of paternity was signed, paternity may be challenged only on an allegation of:

6. (i) Fraud;

   1. (ii) Duress; or

      1. (iii) Material mistake of fact.
      2. (C) The office will not initiate this action on behalf of the noncustodial parent.
      3. (D) The office will not suspend the collection of support while any action pursuant to this section is pending, unless otherwise ordered by the court.

   2. (2)

      1. (A) The noncustodial parent may petition the court asking for paternity testing if paternity and support were established without testing.
      2. (B) The office cannot assist the noncustodial parent in the filing of such petitions and will not enter into an agreed order for paternity testing in such circumstances.

      3. (C) If the court determines, based upon the results of genetic testing, that the adjudicated or presumed father is not the biological father, the court will:

         1. (i) Set aside a previous finding or establishment of paternity;
         2. (ii) Find that there is no future obligation of support;
         3. (iii) Order that any unpaid support owed under the previous order is vacated; and
         4. (iv) Order that any support previously paid is not subject to refund.

Codification Notes: “AOP” means acknowledgment of paternity.