(1)
Genetic testing must be of a type reasonably relied upon by
experts in the field of genetic testing and performed in a
testing laboratory accredited by:
(a) The American association of blood banks, or a successor
to its functions;
(b) The American society for histocompatibility and
immunogenetics, or a successor to its functions; or
(c) An accrediting body designated by the United States
secretary of health and human services.
(2) A specimen used in genetic testing may consist of one or
more samples or a combination of samples of blood, buccal cells,
bone, hair, or other body tissue or fluid. The specimen used in
the testing need not be of the same kind for each individual
undergoing genetic testing.
(3) Based on the ethnic or racial group of an individual,
the testing laboratory shall determine the databases from which
to select frequencies for use in the calculations. If there is
disagreement as to the testing laboratory's choice, the following
rules apply:
(a) The individual objecting may require the testing
laboratory, within thirty days after receipt of the report of the
test, to recalculate the probability of paternity using an ethnic
or racial group different from that used by the laboratory.
(b) The individual objecting to the testing laboratory's
initial choice shall:
(i) If the frequencies are not available to the testing
laboratory for the ethnic or racial group requested, provide the
requested frequencies compiled in a manner recognized by
accrediting bodies; or
(ii) Engage another testing laboratory to perform the
calculations.
(c) The testing laboratory may use its own statistical
estimate if there is a question regarding which ethnic or racial
group is appropriate. If available, the testing laboratory shall
calculate the frequencies using statistics for any other ethnic
or racial group requested.
(4) If, after recalculation using a different ethnic or
racial group, genetic testing does not rebuttably identify a man
as the father of a child under RCW 26.26.420, an individual who
has been tested may be required to submit to additional genetic
testing.
[2002 c 302 § 403.]