When evaluating blood/genetic test results of relatives of the NH, do not routinely
develop to determine if a male relative of the NH may have fathered the child claimant
unless:
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•
The facts of the case, e.g., other evidence, statements, raise the issue; or
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•
OGC specifically directs such development in a precedent opinion or the intestacy
entry itself.
Where OGC directs such development, follow the OGC's guidelines. Where the facts of
the case direct such development, obtain statements from the NH's family about the
possibility/allegation that a male relative of the NH may have fathered the child
claimant and the basis for the responder's belief that this is or is not true. Obtain
a statement from the mother, which should focus on access by the NH.
Absent a precedent opinion on evaluating test results from relatives, submit the results
of your development that someone other than the NH may have fathered the child, along
with the test results of the relatives, to OGC for an opinion, unless the development
clearly shows that the NH is not the child's father. If you have a precedent on evaluating
test results from relatives, determine whether, based on OGC's advice and any development
generated as a result of GN 00306.065C.1. or GN 00306.065C.2., the evidence as a whole supports the paternity claim.