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(A) The Tribal Court may, and upon request of a party shall, require the child, mother, and any alleged father who has been made a party to submit to DNA tests.

(B) If an alleged father objects to a proposed order requiring him to submit to paternity DNA tests, the Tribal Court may:

(1) Require the party making the allegation of possible paternity to provide sworn testimony, by affidavit or otherwise, stating the facts upon which the allegation is based.

(2) The Tribal Court shall order DNA tests if it appears that a reasonable possibility exists that the requisite sexual contact occurred.

(C) The tests shall be performed by an expert in paternity DNA testing appointed by the Tribal Court.

(1) The expert’s verified report identifying the DNA characteristics observed is admissible in evidence in any hearing or trial in the parentage action, if (a) the alleged or presumed father has had the opportunity to gain information about the security, validity, and interpretation of the tests and the qualifications of any experts, and (b) the report is accompanied by an affidavit from the expert that describes the expert’s qualifications as an expert and analyzes and interprets the results.

(2) Verified documentation of the chain of custody of the DNA samples is admissible to establish the chain of custody. The Tribal Court may consider published sources as aids to interpretation of the test results.

(D) The Tribal Court, upon request by a party, shall order that additional DNA tests be performed by the same or other experts qualified in paternity DNA testing, if the party requesting additional tests advances the full costs of the additional testing within a reasonable time.

(1) The Tribal Court may order additional testing without requiring that the requesting party advance the costs only if another party agrees to advance the costs or if the Tribal Court finds, after hearing, that (a) the requesting party is indigent, and (b) the laboratory performing the initial tests recommends additional testing or there is substantial evidence to support a finding as to paternity contrary to the initial DNA test results.

(2) The Tribal Court may later order any other party to reimburse the party who advanced the costs of additional testing for all or a portion of the costs.

(E) In all cases, the Tribal Court shall determine the number and qualifications of the experts. [Res. 09-R-062 Title 2 § (6)(E), 4/30/2009.]