ST
Your husband should submit to the paternity test and be ruled out, thereby avoiding any potential claims in the future. I have copied some Mississippi law for you and I hope this information will be of some assistance to you. It appears, at least from my interpretation, that your husband can ask the court to assign the cost of the test to her; it does not say that all such requests will be granted. For me, it would be money well spent.
MISSISSIPPI CODE OF 1972
As Amended
SEC. 93-9-21. Blood tests and other tests; enforcement of order to submit; notice of witnesses testifying as to sexual intercourse with mother.
(1) The court, on its own motion or on motion of the plaintiff or the defendant, shall order the mother, the alleged father and the child or children to submit to blood tests and any other tests which reasonably prove or disprove the probability of paternity.
If any party refuses to submit to such tests, the court may resolve the question of paternity against such party or enforce its order if the rights of others and the interest of justice so require.
(2) Any party calling a witness or witnesses for the purpose of testifying that they had sexual intercourse with the mother at any possible time of conception shall provide all other parties with the name and address of the witness twenty (20) days before the trial. If a witness is produced at the hearing for the purpose stated in this subsection but the party calling the witness failed to provide the twenty-day notice, the court may adjourn the proceeding for the purpose of taking a blood or other test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.
(3) The court shall ensure that all parties are aware of their right to request blood or other tests under this section.
SOURCES: Codes, 1942, Sec. 383-08; Laws, 1962, ch. 312, Sec. 8; 1987, ch. 455, Sec. 1; 1990, ch. 543, Sec. 3, eff from and after passage (approved April 4, 1990).
1997 Amendment:
SECTION 133. Section 93-9-21, Mississippi Code of 1972, is amended as follows:
93-9-21. (1) Prior to the commencement of a paternity action, the putative parent may request, whereupon the Department of Human Services may require, genetic testing of all parties.
(2) The court, on its own motion or on motion of the plaintiff or the defendant, shall order the mother, the alleged father and the child or children to submit to blood tests and any other tests which reasonably prove or disprove the probability of paternity.
If any party refuses to submit to such tests, the court may resolve the question of paternity against such party or enforce its order if the rights of others and the interest of justice so require.
(3) Any party calling a witness or witnesses for the purpose of testifying that they had sexual intercourse with the mother at any possible time of conception shall provide all other parties with the name and address of the witness twenty (20) days before the trial. If a witness is produced at the hearing for the purpose stated in this subsection but the party calling the witness failed to provide the twenty-day notice, the court may adjourn the proceeding for the purpose of taking a blood or other test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.
(4) The court shall ensure that all parties are aware of their right to request blood or other tests under this section.
(5)(a) Genetic tests shall be performed by a laboratory selected from the approved list as prepared and maintained by the Department of Human Services.
(b) The Department of Human Services, not less often than annually, shall publicly issue a request for proposals, and such requests for proposals when issued shall contain terms and conditions relating to price, technology, and such other matters as are determined by the department to be appropriate for inclusion or required by law. After responses to the request for proposals have been duly received, the department shall select the lowest and best bid on the basis of price, technology and other relevant factors and from such proposals, but not limited to the terms thereof, negotiate and enter into contracts with one or more of the laboratories submitting proposals. The department shall prepare a list of all laboratories with which it has contracted on these terms. The list and any updates thereto shall be distributed to all chancery clerks. To be eligible to appear on the list, a laboratory must meet the following requirements:
(i) The laboratory is qualified to do business within the State of Mississippi;
(ii) The laboratory can provide test results in less than fourteen (14) days; and
(iii) The laboratory must have participated in the competitive procurement process.
SOURCE: 1997 Laws, Chapter 588, Sec. 133, SB2164, Effective July 1, 1997.
MISSISSIPPI CODE OF 1972
As Amended
SEC. 93-9-37. False declaration of identity.
The making of a false complaint as to the identity of the father, or the aiding or abetting therein, shall be punishable as for perjury.
SOURCES: Codes, 1942, Sec. 383-16; Laws, 1962, ch. 312, Sec. 16, eff from and after July 1, 1962.
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