Substitute House Bill No. 6598
Public Act No. 09-37
AN ACT CONCERNING THE RELEASE OF BIOLOGIC MATERIAL FOR GENETIC TESTING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2009) (a) For purposes of this section: (1) "Biologic material" means blood or other tissue suitable for DNA (deoxyribonucleic acid) analysis or testing; and (2) "next of kin" means (A) a spouse; (B) an adult child; (C) a parent; (D) an adult sibling; or (E) a grandparent.
(b) Upon receiving the written consent of a deceased person's next of kin, the Office of the Chief Medical Examiner shall release biologic material of the deceased person to a clinical laboratory, licensed in accordance with the provisions of section 19a-30 of the general statutes, for the purpose of determining paternity or for the purpose of determining a diagnosis of a life-threatening illness in a living individual.
(c) In any case where a deceased person's next of kin does not provide written consent to the release of biologic material for the purposes described in subsection (b) of this section, an interested person may petition the Superior Court for the judicial district in which the death occurred for an order for the release of biologic material of the deceased person from the Office of the Chief Medical Examiner for the purpose of determining paternity or for the purpose of determining a diagnosis of a life-threatening illness in a living individual. The court may, after due consideration of the equities involved, enter an order for the release of such biologic material. In any case where such order is entered, such biologic material shall only be released to a clinical laboratory licensed in accordance with the provisions of section 19a-30 of the general statutes. Subject to applicable state and federal law, the licensed clinical laboratory may release the results of any analysis or testing of such biologic material to the petitioner. All reasonable costs of such analysis or testing shall be paid by the petitioner.
Approved May 20, 2009