Oregon Revised Statutes Chapter 109 § 109.186 — Standards for genetic testing; recalculation of relationship index

Standards for genetic testing; recalculation of relationship index. (1) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: (a) The Association for the Advancement of Blood and Biotherapies, or a successor to its functions; or (b) An accrediting body designated by the Oregon Health Authority by rule, consistent with any applicable designation by the Secretary of the United States Department of Health and Human Services. (2) A specimen used in genetic testing may consist of a sample 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 undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or the administrator objects to the laboratory’s database determination, the following rules apply: (a) Not later than 30 days after receipt of the report of the test, the objecting individual or administrator may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory. (b) The individual or the administrator objecting to the laboratory’s database determination under this subsection shall: (A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or (B) Engage another laboratory to perform the calculations. (c) The laboratory may use its own statistical estimate if there is a question about which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested. (4) If, after recalculation of the relationship index under subsection (3) of this section using a different ethnic or racial group, genetic testing under ORS 109.191 does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent. [2025 c.592 §42]