COMMITTEE ON HEALTH, HOSPITALS AND HUMAN 
SERVICES 
 
 
BILL NO. 
36-0079 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
May 8, 2025 
 
 
 
An Act amending title 19 Virgin Islands Code, part IV, chapter 37, to add a new subchapter 
mandating territorial hospitals to provide paternity testing services upon request 
 
 
 
PROPOSED BY: Senator Kenneth L. Gittens 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1. Title 19, Virgin Islands Code, part IV, chapter 37, is amended by adding 
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the following new subchapter VI: 
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"Subchapter VI. Paternity Testing Services 
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§ 913.  Definitions 
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For the purposes of this subchapter: 
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(a) 
“Paternity test” means a genetic test used to determine whether an individual is the 
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biological father of a child. 
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(b) 
“Territorial hospital” refers to any hospital or medical facility operating under the 
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jurisdiction of the Virgin Islands Government Hospitals and Health Facilities Corporation that 
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provides general medical care and services, including but not limited to: 
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(1) 
Governor Juan F. Luis Hospital and Medical Center on St. Croix; 
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(2) 
Governor Roy L. Schneider Hospital and Medical Center (also known as the 
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Schneider Regional Medical Center) on St. Thomas; and 
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(3) 
Myrah Keating Smith Community Health Center on St. John. 
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(c) 
“Department” means the Virgin Islands Department of Health as established in title 
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3 Virgin Islands Code, chapter 23, section 411. 
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(d) 
“Requesting party” refers to an individual legally authorized to request a paternity 
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test, which may include: 
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(1) 
The presumed or alleged father; 
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(2) 
The mother or legal guardian of the child; or 
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(3) 
A court or governmental agency requiring paternity confirmation. 
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§ 914.  Availability of Paternity Tests 
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(a) 
Each territorial hospital shall ensure the availability of paternity testing services 
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upon request by an authorized requesting party. 
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(b) 
Paternity testing services shall be provided at a cost that reflects the actual expenses 
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incurred by the hospital, including labor, materials, and processing fees.  Pricing shall be 
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determined in accordance with the hospital’s standard pricing policies. 
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(c) 
Hospitals shall obtain informed consent from all parties legally required to provide 
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such consent before conducting a paternity test. The consent form shall: 
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(1) 
clearly explain the nature of the test, its purpose, potential risks, and benefits; 
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(2) 
specify the associated costs; and 
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(3) 
inform the individual of their rights under applicable privacy and 
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confidentiality laws. 
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(d) 
All paternity tests and results shall be handled with the highest degree of privacy 
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and confidentiality. Results shall be disclosed only to the requesting party or their authorized 
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representative, in compliance with federal and local privacy laws, including the Health 
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Insurance Portability and Accountability Act (HIPAA). 
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(e) 
Territorial hospitals may deny a request for a paternity test if: 
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(1) 
a medical professional determines that the procedure poses a health risk to 
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the child or individual providing a sample; or 
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(2) 
the request is deemed invalid or unauthorized under applicable laws. 
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§ 915.  Notification and Reporting Requirements 
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(a) 
Territorial hospitals shall inform patients about the availability of paternity testing 
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services through written or digital means, including but not limited to brochures, websites, 
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and patient information guides. 
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(b) 
Each territorial hospital shall submit an annual report to the Virgin Islands 
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Department of Health, summarizing: 
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(1) 
the number of paternity tests conducted; 
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(2) 
costs associated with the tests; and 
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(3) 
any challenges encountered in the provision of the services. 
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(c) 
All reporting shall exclude personally identifiable information and adhere to 
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applicable privacy laws. 
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§ 916.  Implementation and Compliance 
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(a) 
The Virgin Islands Department of Health shall oversee the implementation of this 
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subchapter and ensure compliance by territorial hospitals.  The Department shall issue 
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guidelines governing the provision of paternity tests, including standards for pricing and 
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procedures. 
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(b) 
Hospitals that fail to comply with this subchapter shall be subject to penalties 
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determined by the Department of Health. Penalties may include: 
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(1) 
fines; 
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(2) 
suspension or revocation of licensure in accordance with applicable laws; or 
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(3) 
other corrective actions as deemed necessary. 
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SECTION 2.  This act shall take effect on July 1, 2026.  
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BILL SUMMARY 
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This bill amends Title 19, Virgin Islands Code, Part IV, Chapter 37, by adding a new 
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subchapter to mandate territorial hospitals to provide paternity testing services upon request. 
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The bill establishes definitions for key terms and outlines the requirements for availability, cost, 
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informed consent, and privacy of such services. It further requires hospitals to notify patients 
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of the availability of paternity tests, submit annual reports to the Department of Health, and 
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comply with oversight and guidelines issued by the Department. The bill provides for penalties 
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for non-compliance.  
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BR25-0333/March 27, 2025/KEH 
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