HRS §584A-702
When courts can order genetic testing in parentage cases
In a parentage case, a court must order genetic testing if a party's sworn statement shows a real chance someone is or is not the genetic parent. The child support agency can only order testing when there is no presumed, acknowledged, or adjudicated parent. Courts and agencies cannot order testing before birth, and testing the birth parent is not required before testing the child.
childrencourtsparentsstate agencies
The statute, as written — Authority to order or deny genetic testing
(a) Except as otherwise provided in this part or part V, in a proceeding under this chapter to determine parentage, the court shall order the child and any other individual to submit to genetic testing if a request for testing is supported by the sworn statement of a party: (1) Alleging a reasonable possibility that the individual is the child's genetic parent; or (2) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent. (b) The child support enforcement agency may order genetic testing only if there is no presumed parent, acknowledged parent, or adjudicated parent of a child other than the individual who gave birth to the child. (c) The court or the child support enforcement agency shall not order in utero genetic testing. (d) If two or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially. (e) Genetic testing of an individual who gave birth to a child shall not be a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the individual who gave birth to the child is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated. (f) In a proceeding to adjudicate the parentage of a child having a presumed parent or an individual who claims to be a parent under section 584A-602, or to challenge an acknowledgment of parentage, the court may deny a motion for genetic testing of the child and any other individual after considering the factors in section 584A-607(a) and (b). (g) If an individual requesting genetic testing is barred under section 584A-402(a), 584A-403(g), 584A-604(b), or 584A-605(b) from establishing the individual's parentage, the court shall deny the request for genetic testing. (h) An order under this section for genetic testing shall be enforceable by contempt.
Sections this one refers to
§584A-402 Rules for signing a parentage acknowledgment
§584A-602 Deciding parentage when there is a presumed parent
§584A-607 How courts decide who a child's parents are
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.