§ 532. Genetic marker and DNA tests; admissibility of records or
reports of test results; costs of tests. (a) The court shall advise the
parties of their right to one or more genetic marker tests or DNA tests
and, on the court's own motion or the motion of any party, shall order
the mother, her child and the alleged father to submit to one or more
genetic marker or DNA tests of a type generally acknowledged as reliable
by an accreditation body designated by the secretary of the federal
department of health and human services and performed by a laboratory
approved by such an accreditation body and by the commissioner of health
or by a duly qualified physician to aid in the determination of whether
the alleged father is or is not the father of the child. No such test
shall be ordered, however, upon a written finding by the court that it
is not in the best interests of the child on the basis of res judicata,
equitable estoppel, or the presumption of legitimacy of a child born to
a married woman. The record or report of the results of any such genetic
marker or DNA test ordered pursuant to this section or pursuant to
section one hundred eleven-k of the social services law shall be
received in evidence by the court pursuant to subdivision (e) of rule
forty-five hundred eighteen of the civil practice law and rules where no
timely objection in writing has been made thereto and that if such
timely objections are not made, they shall be deemed waived and shall
not be heard by the court. If the record or report of the results of any
such genetic marker or DNA test or tests indicate at least a ninety-five
percent probability of paternity, the admission of such record or report
shall create a rebuttable presumption of paternity, and shall establish,
if unrebutted, the paternity of and liability for the support of a child
pursuant to this article and article four of this act.

(b) Whenever the court directs a genetic marker or DNA test pursuant
to this section, a report made as provided in subdivision (a) of this
section may be received in evidence pursuant to rule forty-five hundred
eighteen of the civil practice law and rules if offered by any party.

(c) The cost of any test ordered pursuant to subdivision (a) of this
section shall be, in the first instance, paid by the moving party. If
the moving party is financially unable to pay such cost, the court may
direct any qualified public health officer to conduct such test, if
practicable; otherwise, the court may direct payment from the funds of
the appropriate local social services district. In its order of
disposition, however, the court may direct that the cost of any such
test be apportioned between the parties according to their respective
abilities to pay or be assessed against the party who does not prevail
on the issue of paternity, unless such party is financially unable to
pay.