Editing Openai/6951285d-0934-8002-86e1-c274e98323d4 (section)

=== 🇺🇸 FEDERAL STATUTES SUPPORTING DNA TESTING ===

==== (Paternity, Maternity, Prisoners, Child Support, and Identity) ====

==== 1. 42 U.S.C. § 666(a)(5) — Mandatory Genetic Testing in Child Support Cases ====

(Federal backbone statute)

===== What it does =====
* Requires every state to have laws allowing: - Genetic (DNA) testing in any contested paternity case - Testing upon request of any party (mother, alleged father, child, or state agency)

===== Key language (paraphrased) =====

: States must use genetic testing procedures to establish paternity in contested cases.

===== Why it matters =====
* This statute is why Georgia (and all states) must allow DNA testing.
* It applies regardless of incarceration status.
* States lose federal funding if they fail to comply.

===== Federal ↔ Georgia Equivalent =====

| Federal               | Georgia                               |
| --------------------- | ------------------------------------- |
| 42 U.S.C. § 666(a)(5) | O.C.G.A. §§ 19-7-43, 19-7-45, 19-7-46 |

==== 2. 42 U.S.C. § 654 — State Plan Requirement for Child Support Enforcement ====

(Applies directly to prisoners)

===== What it does =====
* Requires states to operate a Title IV-D child support program
* Mandates procedures for: - Establishing biological parentage - Enforcing child support orders - Using genetic testing

===== Prisoner relevance =====
* Incarcerated parents remain subject to parentage determination
* Testing may be arranged through correctional facilities
* No exemption for prisoners

===== Why it matters =====
* Gives federal authority for DNA testing even when the alleged parent is incarcerated

==== 3. 42 U.S.C. § 652(a)(7) — Federal Office of Child Support Services ====

===== What it does =====
* Authorizes the federal government to: - Oversee genetic testing standards - Ensure states use scientifically valid DNA methods - Enforce uniform procedures nationwide

===== Why it matters =====
* Prevents states from rejecting DNA evidence arbitrarily
* Ensures due process and reliability

==== 4. 42 U.S.C. § 608(a)(3) — Cooperation with Paternity Establishment ====

===== What it does =====
* Requires cooperation in paternity establishment as a condition for certain federal benefits
* Applies to: - Mothers - Alleged fathers - State agencies

===== Why it matters =====
* DNA testing is the preferred federal method of compliance
* Prevents false claims or refusals to establish parentage

==== 5. 18 U.S.C. § 3600 & § 3600A — DNA Collection & Preservation (Prison Context) ====

(Innocence Protection Act)

===== What it does =====
* Requires preservation of biological evidence
* Allows post-conviction DNA testing

===== Why it matters for parentage =====
* Establishes federal recognition of DNA as the highest evidentiary standard
* Courts often cite this statute when allowing DNA collection from prisoners
* Confirms prisoners do not lose DNA-based legal rights

==== 6. 18 U.S.C. § 4042(b) — Authority of Bureau of Prisons ====

===== What it does =====
* Allows collection of biological samples from inmates
* Authorizes coordination with courts and agencies

===== Why it matters =====
* Enables DNA testing inside federal and state prisons
* Removes “logistics” as a legal defense against testing

==== 7. Federal Rules of Evidence (FRE) 702 & 703 ====

===== What they do =====
* Govern admissibility of scientific evidence
* DNA testing is: - Generally accepted - Presumed reliable - Routinely admissible without expert testimony if certified

===== Georgia Equivalent =====

| Federal     | Georgia            |
| ----------- | ------------------ |
| FRE 702–703 | O.C.G.A. § 19-7-46 |

==== 8. Social Security Act — Derivative Benefits & Parentage ====

===== Why it matters =====
* Biological parentage affects: - Survivor benefits - Dependent benefits - Inheritance rights
* SSA recognizes court-ordered DNA testing as proof of maternity or paternity