Legal Issues of DNA Testing
In the UK there are restrictions on conducting DNA tests under the Human Tissue Act, which came into force in September 2006.
Section 45 of the Act states that it is an offence to possess any human bodily material with the intent of analysing its DNA without the individual’s appropriate consent. Failure to obtain consent could lead to a charge of "DNA theft" being brought, which is punishable by a prison sentence of up to 3 years and/or a fine of up to £3,000.
DNA tests are sometimes ordered by civil courts where proof of paternity is required in a case in England and Wales under section 20 of the Family Law Reform Act 1969. The Department for Constitutional Affairs accredits selected companies to conduct this testing to ensure accuracy and validity.
Accredited testing companies ensure that:
- The individuals have given consent for a sample of their DNA to be tested
- The samples are taken by an independent, qualified person
- The sample collector should not be related to the test patient, nor have any personal or financial interest in the test’s outcome.
- Identification and verification procedures are followed to ensure that the correct individuals are tested
Why use DNA testing?
A DNA test can provide answers to a number of questions, such as proving a connection between individuals via a common ancestor, linking you to another branch of your family with a common surname, or even assessing your ethnic background.