Georgia § 53-2-27 - DNA testing for kinship; procedure; costs.

§ 53-2-27. DNA testing for kinship; procedure; costs.

When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a probate court or superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in interest whose kinship to the decedent is in controversy for purposes of comparison and determination of the statistical likelihood of such kinship. The court may order the disinterment of the decedent's remains if reasonably necessary to obtain such samples. The order may be made only on motion for good cause shown and upon notice to all parties in interest and shall specify the time, place, manner, conditions, and scope of the removal and testing of samples, and the person or persons by whom it is to be made. Such motion, when made by a party in interest, shall be supported by affidavit setting forth: The factual basis for a reasonable belief that the party in interest whose kinship to the decedent is in controversy is or is not so related; and If disinterment of the decedent's remains is sought, the factual basis for a reasonable belief that reliable DNA samples from the decedent are not otherwise reasonably available from any other source. Upon request, the movant shall deliver to all parties in interest a copy of a detailed written report of the tester and of any other expert involved in the determination of such statistical likelihood setting out his or her findings, including the results of all tests made and conclusions or opinions based thereon. The costs of obtaining and testing of such samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party. (Code 1981, § 53-2-27 , enacted by Ga. L. 2002, p. 1081, § 1; Ga. L. 2020, p. 377, § 1-3/HB 865.) The 2020 amendment, effective January 1, 2021, in subsection (a), inserted "probate court or" in the first sentence, deleted "superior" preceding "court" in the second sentence, and deleted the last sentence which read: "If the proceedings are pending in the probate court, the motion shall be transferred to the superior court for determination." Law reviews. - For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010). For note on the 2002 enactment of this Code section, see 19 Ga. St. U.L. Rev. 347 (2002).