S.C. Code Ann. § 20-7-1158 – Proceedings to determine parentage; evidentiary standard; court-ordered testing; effect of refusal; effect of test results | Midpage
§ 20-7-1158
S.C. Code Ann. § 20-7-1158
Proceedings to determine parentage; evidentiary standard; court-ordered testing; effect of refusal; effect of test results
(A) A proceeding to determine parentage under this subarticle is a civil matter to be decided by a preponderance of the evidence.
(B) The family court may, and to the extent otherwise required by law upon request of a party shall, order the child and the alleged mother or alleged father to submit to scientifically accepted testing for parentage.
(C) If a defendant refuses to comply with an order for testing for parentage, a tribunal of this State may resolve the question of parentage against the defendant. If a plaintiff refuses to comply with an order for testing for parentage, the tribunal shall dismiss the proceeding without prejudice.
(D) A verified written report by an expert on parentage testing is prima facie evidence of the truth of the facts asserted in it. If the verified report shows the chain of custody of samples tested, it is competent evidence to establish the chain.
(E) If the results of testing for parentage create a presumption of parentage under the law of this State, upon motion a tribunal of this State, to the extent otherwise authorized by law, shall order the presumed parent to pay temporary child support. A tribunal of this State, to the extent otherwise authorized by law, also may order temporary support if the defendant has signed a verified statement acknowledging parentage or there is other clear and convincing evidence that the defendant is the particular child's parent.