WILLIAM DONALD SCHAEFER, Governor Ch. 113
(ii) When the laboratory report of the blood OR GENETIC test is admitted
in evidence, a doctor or technician from the laboratory that prepared the report is subject to
cross examination by any party to the proceeding if the party who desires cross examination has
subpoenaed the doctor or technician at least 10 days before trial.
(4) A LABORATORY REPORT RECEIVED INTO EVIDENCE ESTABLISHING A
STATISTICAL PROBABILITY OF THE ALLEGED FATHER'S PATERNITY OF AT LEAST 99.0%
CONSTITUTES A REBUTTABLE PRESUMPTION OF HIS PATERNITY.
(f) If any individual fails to submit to a blood OR GENETIC test ordered by the court,
that refusal, properly introduced in evidence:
(1) shall be disclosed to the court and jury; and
(2) may be commented on by the court or by counsel.
(g) (1) Unless indigent, the party who requests a blood OR GENETIC test or who
secures the appearance in court of a doctor or technician from the laboratory that prepared the
report of the blood OR GENETIC test is responsible for the cost of the test and the costs
associated with the court appearance. However, if the requesting party prevails in the
proceeding, the court shall assess the cost of the blood OR GENETIC test or the costs associated
with the court appearance against the other parties to the proceeding.
(2) If any party chargeable with the cost of the blood OR GENETIC test or the
costs associated with court appearance is indigent, the cost of the blood OR GENETIC test or
the costs associated with the court appearance shall be borne by the county where the
proceeding is pending, except to the extent that the court orders any other party to the
proceeding to pay all or part of the cost.
5-1048.
If [a court] PATERNITY IS ESTABLISHED in any other state [has adjudicated the
paternity of a child] BY A COURT OR BY AN ADMINISTRATIVE PROCESS
ADJUDICATORY PROCESS THAT INCLUDES A RIGHT OF APPEAL TO A COURT, the
judgment, order, or decree of that court OR ADMINISTRATIVE AGENCY shall be proved
and have the same force and effect in a proceeding under this subtitle as in any other civil
proceeding in this State.
10-113.
(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "CONVERTED FUNDS" MEANS THE AMOUNT THE OBLIGOR HAS
RECEIVED IN PAYMENT FROM AN INSURER FOR THE COST OF HEALTH SERVICES TO
THE CHILD WHICH THE OBLIGOR HAS NOT USED TO REIMBURSE AS APPROPRIATE
EITHER THE OTHER PARENT, GUARDIAN OF THE CHILD, OR THE PROVIDER OF THE
HEALTH SERVICES, OR THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE:
(3) "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE.
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