Section YAE.06.05 — Genetic Tests.

(a) Should the Respondent fail appear at the initial hearing and the Petitioner provides credible evidence that there was requisite sexual contact during the conceptive period, the Tribal Court shall order genetic testing be conducted. A copy of the Order for Genetic Testing shall be sent to the Petitioner and Respondent by the Tribal Clerk of Court. The Order shall indicate the date, time and place that the parties must appear at to provide a genetic testing sample.

(b) The Court may upon its own discretion and shall upon request of any party or the Tribal Child Support Agency, require the child, putative father, mother, or direct descendant of the mother or putative father if one of the parties is deceased, to submit to genetic tests.

(c) Genetic tests shall be performed by a person certified to collect genetic samples and be analyzed by an accredited genetic testing laboratory.

(d) The Court may order such tests by additional experts at the request and expense of a party as the Court deems necessary.

(e) If genetic tests show that the punitive father is the biological father by a percentage of 96.1% or higher, paternity is presumed and he shall be adjudicated the legal father at the final paternity hearing.

(f) Whenever the results of the genetic tests exclude the putative father as the biological father of the child, this evidence shall be conclusive evidence of non paternity and the Court shall dismiss the action.

(g) If any party refuses to submit to the genetic tests this fact shall be taken into account as evidence and, a default judgment may be entered by the Court and such refusal shall be deemed in Contempt of the Court in accordance with Section TCT.01.13 and Section TCT.02.16.

(h) If the action was brought by the child's biological mother but she refuses to submit herself or the child to the genetic tests, the action shall be dismissed.