Kentucky Revised Statutes

Ky. Rev. Stat. § 406.081 (2026)

Authority for genetic tests -- Failure of alleged father to submit to tests

✓ current as of May 2026
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The court, upon request of a party or on its own motion, shall order the mother, child, and alleged father to submit to genetic tests. If the mother refuses for herself or on behalf of the child to submit to the tests, the court may resolve the question of paternity against her unless the action is brought by or is being prosecuted by an agency contributing to the support of the child. If the alleged father is ordered to submit to genetic tests and refuses or does not submit the results of the paternity test to the court within thirty (30) days of the court order, the court shall resolve the question of paternity against him. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 32, effective July 14, 2018. -- Amended 1992 Ky. Acts ch. 434, sec. 8, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 379, sec. 4, effective July 13, 1984. -- Created 1964 Ky. Acts ch. 37, sec. 8.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1972–2022 · leading case: Perry v. Commonwealth Ex Rel. Kessinger, 652 S.W.2d 655 (Ky. 1983).
Perry v. Commonwealth Ex Rel. Kessinger, 652 S.W.2d 655 (Ky. 1983). · cites it 48× “01 was subordinate to KRS 406.081, being part of a special statutory proceeding within the meaning of CR 1(2) [1] , and therefore was inapplicable.”
Gullion v. Gullion, 163 S.W.3d 888 (Ky. 2005). “For example, the discovery rules sometimes do so without one becoming subordinate to another.”
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008). · cites it 2× “011 for the court to have the authority to order genetic testing under KRS 406.081 and to admit such test results in evidence under KRS 406.”
Cain v. Cain, 777 S.W.2d 238 (Ky. Ct. App. 1989). · cites it 2× “KRS 406.081, the Uniform Act on Paternity, states in part: “The court, upon request of a party or on its own motion, shall order the mother, child and alleged father to submit to blood tests.”
J.K. v. N.J.A., 397 S.W.3d 916 (Ky. Ct. App. 2013). · cites it 3× “KRS 406.081 directs: [t]he court, upon request of a party or on its own motion, shall order the moth *920 er, child, and alleged father to submit to genetic tests.”
Antonsen v. Superior Court in & for Cty of Maricopa, 918 P.2d 203 (Ariz. Ct. App. 1996). “The Perry court found that Rule 35 continued to apply “to situations not covered by KRS 406.081 and in a manner consistent therewith.”
Simmons v. Simmons, 479 S.W.2d 585 (Ky. Ct. App. 1972). “KRS 406.081. However, Chapter 406 of the Kentucky Revised Statutes is limited in application to cases of birth out of -wedlock.”
Commonwealth ex rel. Floyd v. Mack, 764 S.W.2d 639 (Ky. Ct. App. 1988). · cites it 6× “In 1986, the district court ordered all parties and the children to submit to blood tests as provided by KRS 406.081. Blood tests were scheduled on at least three separate occasions and the mother and children failed to appear.”
Commonwealth of Kentucky, Cabinet for Health & Fam. Servs., Ex Rel. Child Support Enf't v. B.N.T. (Ky. 2022). “8 As part of this procedure, KRS 406.081 states that “[t]he court, upon request of a party or on its own motion, shall order the mother, child, and putative father to submit to genetic tests.”
J.N.R v. Hon Joseph O'Reilly Judge, Jefferson Fam. Court (Ky. 2008). “011 for the court to have the authority to order genetic testing under KRS 406.081 and to admit such test results in evidence under KRS 406.”
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