Schneider

Evidence Code section 892 is a part of the Uniform Act on Blood Tests to Determine Paternity. (Evid. Code, § 890; all further nondescript statutory references are to the Evidence Code.) Section 892 allows a trial court to order a person to submit to blood tests in a civil action in which paternity is at issue, and, upon refusal, to resolve the question of paternity adversely to the person who refused. In this case involving an action to establish paternity for purposes of child support, we hold that the constitutional rights of a father who refused to submit to an order for blood tests were not violated when the trial court invoked section 892 and resolved the question of paternity against him.

Facts and Procedural Background

On January 5, 1984, plaintiffs County of El Dorado and Angelina M., a minor, by her guardian ad litem, Alberta P. B. (hereafter collectively County), filed a complaint against defendant Robert Henry Schneider to establish paternity of Angelina M., to obtain child support payments, and to obtain reimbursement for public assistance paid by County. (See Civ. Code, § 248; Welf. & Inst. Code, § 11350; County of Yolo v. Francis (1986) 179 Cal.App.3d 647…