93-9-27. Blood tests; effect of test results; no right to jury trial in paternity proceedings.

(1)  If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If an expert concludes that the blood or other tests show the probability of paternity, such evidence shall be admitted. 

(2)  There shall be rebuttable presumption, affecting the burden of proof, of paternity, if the court finds that the probability of paternity, as calculated by the experts qualified as examiners of genetic tests, is ninety-eight percent (98%) or greater. This presumption may only be rebutted by a preponderance of the evidence. 

(3)  Parties to an action to establish paternity shall not be entitled to a jury trial. 

Sources: Codes, 1942, 383-11; Laws,  1962, ch. 312, 11; Laws, 1987, ch. 455, 4; Laws, 1994, ch. 363, 2; Laws, 2000, ch. 530, 5, eff from and after July 1, 2000.