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 the court finds that the statistical probability
of paternity equals or exceeds ninety-nine percent (99%), as calculated by the experts
qualified as examiners of genetic markers, and that the paternity index, as calculated by
the experts qualified as examiners of genetic markers, is one hundred (100) to one (1) or
greater, there is a rebuttable presumption, affecting the burden of proof, of paternity. This
presumption shall only be rebutted by a preponderance of the evidence. If the
presumption is not rebutted, the court may enter a summary judgment of paternity,
pursuant to Rule 56 of the Rules of Civil Procedure.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 434, sec. 10, effective July 14, 1992. --Created
1964 Ky. Acts ch. 37, sec. 11.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1983–2022 · leading case:
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008).
· cites it 6× “011 versus the presumption in KRS 406.111 (regarding an expert's conclusion as to paternity based on genetic testing).”
Bartlett v. Commonwealth Ex Rel. Calloway, 705 S.W.2d 470 (Ky. 1986).
· cites it 6× “We state: "In a proper case KRS 406.111 in the discretion of the court permits such results also to be admitted to show the possibility of the alleged father's paternity.”
Butcher v. Commonwealth, 96 S.W.3d 3 (Ky. 2002).
· cites it 2× “011; KRS 406.111. In most such cases, the alleged father admits having had sexual intercourse with the child's mother but denies that the act resulted in conception.”
Perry v. Commonwealth Ex Rel. Kessinger, 652 S.W.2d 655 (Ky. 1983).
· cites it 2× “In a proper case KRS 406.111 in the discretion of the court permits such results also to be admitted to show the possibility of the alleged father's paternity.”
Hinshaw v. Hinshaw, 237 S.W.3d 170 (Ky. 2007).
· cites it 3× “011 and KRS 406.111. While acknowledging that KRS 406.”
Alfred Ivey Jr v. Commonwealth of Kentucky, 486 S.W.3d 846 (Ky. 2016).
· cites it 2× “" Uniform Parentage Act § 505(a) (2002); see also KRS 406.111 (applying same probability of paternity and paternity index requirements but having no requirement as to prior probability).”
Moore v. Com., Cabinet for Human Res., 954 S.W.2d 317 (Ky. 1997).
“William presses several issues on appeal including: (1) whether KRS 406.111 denies the right to a trial by jury guaranteed by the Kentucky Constitution and is, therefore, unconstitutional; (2) whether the presumption of paternity created by KRS 406.”
J.A.S. v. Bushelman, 342 S.W.3d 850 (Ky. 2011).
“The General Assembly has expressed confidence in the ability of genetic testing to prove or disprove paternity by enacting KRS 406.111, which creates another presumption of paternity to apply when test results indicate probability of paternity of 99% or more.”
Crowder v. Commonwealth Ex Rel. Gregory, 745 S.W.2d 149 (Ky. Ct. App. 1988).
“KRS 406.111 provides in part: Effect of blood test results 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…”
S.R.D. v. T.L.B., 174 S.W.3d 502 (Ky. Ct. App. 2005).
“at 472 ; see also KRS 406.111. In Bartlett , the child was born during wedlock; but the husband and wife had been divorced for several years.”
K.W. v. J.S., 459 S.W.3d 399 (Ky. Ct. App. 2015).
“The Court concluded that such a result was mandatory under KRS 406.111, which at that time provided that If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the [blood] tests, are that the alleged father is not the father of the…”
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