Montana Code Annotated

Mont. Code Ann. § 40-6-112 (2026)

Paternity Tests

✓ current as of May 2026

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TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 1. Uniform Parentage Act

Paternity Tests

40-6-112. Paternity tests. (1) The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to paternity tests. The tests shall be performed by an expert qualified as an examiner of blood types, appointed by the court.

(2) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of blood types.

(3) In all cases the court shall determine the number and qualifications of the experts.

History: En. 61-312 by Sec. 12, Ch. 512, L. 1975; R.C.M. 1947, 61-312; amd. Sec. 14, Ch. 364, L. 2019.

Notes of Decisions

Cited in 3 cases, 1981–1993 · leading case: Rose v. Dist. Court of the Eighth Jud. Dist., 628 P.2d 662 (Mont. 1981).

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Rose v. Dist. Court of the Eighth Jud. Dist., 628 P.2d 662 (Mont. 1981). · cites it 18× “” Attendant to the petition was a motion to require Rose to submit to blood tests pursuant to section 40-6-112, MCA. An ex parte order was issued by the District Court requiring Rose to show cause why he should not submit to a blood test.”

Eagan v. Ayd, 545 A.2d 55 (Md. 1988). · cites it 2× “1988); Mont. Code Ann. § 40-6-112 (1987); Neb. Rev.”

In Re the Marriage of Miller, 858 P.2d 338 (Mont. 1993). · cites it 2× “He requested that the court require blood tests to establish paternity pursuant to § 40-6-112, MCA. Following a June 5 scheduling conference, the court issued an order scheduling an October 8 hearing.”

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