DNA Testing in France

DNA Testing in France: legislation, criminal penalties and legal risks

In France, DNA tests are governed by particularly strict legislation, making our country one of the most restrictive in Europe on this matter. Unlike many neighbouring countries, carrying out a private DNA test without legal framework exposes you to criminal penalties.

This page explains in detail:

• The legal framework: what is authorised and under which conditions

• Criminal penalties: fines and prison sentences incurred

• Concrete legal risks: why and how you can be sanctioned

• Legal exceptions: when is a DNA test authorised?

• Alternatives: what do the French do in practice?

• Legislative evolution: towards future legalisation?

The legal framework: articles 16-10 to 16-13 of the Civil Code

Article 16-10: protection of genetic integrity

Examination of a person's genetic characteristics may only be undertaken for medical or scientific research purposes. The express consent of the person must be obtained in writing prior to performing the examination, after they have been duly informed of its nature and purpose.

What this means: Your DNA is part of your privacy and personal integrity. No one can analyse your genetic heritage without your written and informed consent.

Article 16-11: authorised genetic identification cases

Identification of a person through their genetic fingerprints may only be sought:

1. Within the framework of judicial proceedings:

• Investigation or instruction measures conducted during judicial proceedings

• Establishment or contestation of a filiation link

• Obtaining or suppression of allowances (maintenance payments)

2. For medical or scientific research purposes

3. To identify deceased persons whose identity is unknown

Regarding filiation: Identification may only be requested within the framework of an instruction measure ordered by the judge in legal proceedings.

Essential point: The person's express consent must be obtained beforehand, except in cases of impossibility. Even within a judicial framework, a person may refuse the test (although this refusal may be interpreted by the judge).

Article 16-12: who can perform a DNA test?

Only authorised persons may carry out identifications through genetic fingerprints. Within the judicial framework, these professionals must be registered on a list of judicial experts.

Consequence: Foreign commercial laboratories don't meet these requirements. Their results have no legal value in France.

Article 16-13: prohibition of genetic identity research outside legal framework

No identification through genetic fingerprints may be undertaken outside cases provided for in article 16-11.

This is where the prohibition of private "curiosity" or recreational DNA tests in France is found.

Criminal penalties: what you actually risk

Article 226-28 of the Criminal Code: penalties for illegal DNA testing

Seeking identification through a person's genetic fingerprints outside cases provided by law is punishable by:

• 1 year imprisonment

• €15,000 fine

These penalties apply to any person who:

• Orders a private DNA test outside legal framework

• Has another person's DNA analysed without their consent

• Uses a commercial DNA testing service to establish filiation

Important: The law also sanctions intermediaries. Healthcare professionals or laboratories who would perform tests outside legal framework face the same penalties.

Article 226-28-1 of the Criminal Code: misuse of purpose

Diverting information collected on a person through examination of their genetic characteristics from their medical or scientific research purpose is punishable by:

• 1 year imprisonment

• €15,000 fine

Aggravating circumstances

Penalties may be increased in certain situations:

• Test performed on a minor without authorisation from both parents

• Test performed without the person's knowledge

• Fraudulent use of results

Concrete legal risks: why you can be prosecuted

1. Criminal risk: criminal penalties

Case scenario:

• You order a DNA test kit on the Internet from a foreign laboratory

• You perform the test yourself or have your child tested

• You receive results by email or post

Why it's illegal:

You have had "identification through genetic fingerprints of a person outside cases provided by law" sought (article 226-28).

Penalties incurred:

• 1 year imprisonment

• €15,000 fine

In practice: Criminal prosecutions remain rare as controls are difficult to implement. However, if you use results in judicial proceedings or the other parent files a complaint, you concretely expose yourself to these penalties.

2. Consent-related risk: invasion of privacy

Particularly risky case: test on a minor child

If you have a DNA test performed on your child without the other parent's agreement, you commit:

a) A criminal offence (article 226-28)

• Penalties: 1 year imprisonment, €15,000 fine

b) An infringement on parental authority

• The other parent can file a complaint

• You can be prosecuted for infringing the other parent's rights

c) Consequences in family matters

• The family court judge may take this into account when awarding custody

• Risk of modification of parental rights against you

Real case: A father who had his child tested without the mother's knowledge had part of his visitation rights withdrawn after the mother filed a complaint. The judge considered this act revealed serious failure in joint parental authority.

3. Risk of inadmissibility: no legal value

You won't be able to use results in court

If you wish to contest filiation, the results of a private DNA test:

• Are not admissible before a French court

• Don't constitute legal proof

• Can turn against you: the judge may consider your action a fault

The right approach: Apply to the judge to request a court-ordered expert assessment (the only admissible in France).

4. Risk related to personal data (GDPR)

Genetic data are sensitive data within the meaning of GDPR. Their processing is strictly regulated.

By using a foreign laboratory, you:

• Transfer your genetic data outside France

• Have no guarantee of their protection

• Risk non-consensual use (research, resale to third parties)

• Don't benefit from French law protections

Caution: Some genetic testing companies have been involved in scandals of data resale or sharing with insurers and authorities.

Exceptions: when is a DNA test legal?

DNA test within judicial proceedings

1. Paternity investigation action

You can apply to the Judicial Court to:

• Establish a filiation link

• Contest an existing filiation

• Obtain allowances (maintenance payment)

Procedure:

• You file a petition with the court

• The judge orders a genetic expert assessment if elements justify it

• The assessment is performed by a judicial expert registered on the Court of Appeal list

• Participants' consent is required (refusal may be interpreted as an admission)

Time limit: Paternity investigation action may be brought throughout the child's minority and within 10 years following their majority.

Cost: Expert assessment costs (between €300 and €800) are generally advanced by the claimant, then charged to the defendant if the claim is founded.

2. Criminal proceedings

Within the framework of a judicial investigation or instruction, the Public Prosecutor or investigating judge may order a DNA collection.

Caution: Refusal to submit to collection may be sanctioned in certain cases (article 706-56 of the Code of Criminal Procedure).

Medical DNA test

Genetic tests are authorised for medical purposes:

• Diagnosis of a genetic disease

• Research into genetic predisposition

• Treatment adaptation (pharmacogenetics)

Conditions:

• Mandatory medical prescription

• Written and informed patient consent

• Performance in an authorised laboratory (approved by the Biomedicine Agency)

• Mandatory genetic consultation for certain tests

These tests don't concern filiation.

What do the French do in practice?

Common practice despite prohibition

According to several sources, 100,000 to 150,000 French people order DNA tests abroad each year, mainly to:

• Establish filiation (paternity, maternity tests)

• Research their origins (genealogical tests)

• Discover their ethnic ancestry

Why such practice?

• Speed: results in 5 to 10 days

• Confidentiality: home testing

• Accessibility: online ordering, affordable prices (€80 to €200)

• Absence of control: kits rarely pass through customs

Why are controls limited?

1. Technical difficulty

• Small packages difficult to identify in postal flow

• No obvious marker on envelopes

• Very large volume of international parcels

2. Judicial priorities

• Public prosecutors prioritise more serious offences

• Few complaints filed

• Limited judicial resources

3. Absence of immediate damage

• No direct victim in most cases

• Offence considered a "victimless crime"

Result: Criminal prosecutions are very rare in practice, but legal risk remains.

When does risk become real?

You concretely expose yourself to prosecution in these situations:

1. Use of results in court

If you present results of a private DNA test before a court, you implicitly acknowledge having committed the offence. The judge may:

• Dismiss the evidence

• Report the offence to the prosecutor

• Sanction you for this action

2. Complaint from the other parent

If the other parent discovers you had the child tested without their knowledge:

• They can file a complaint

• The prosecutor may prosecute you

• Criminal penalties become concrete

3. Family conflict

In case of conflictual separation, use of private DNA tests can be used against you in family proceedings.

4. Connected investigation

If you're involved in other judicial proceedings, discovery of an illegal DNA test may worsen your situation.

Why is France so restrictive?

A European exception

France is the only country in Europe to prohibit and criminally sanction recreational DNA tests since 2011 (bioethics law no. 2011-814).

European comparison:

• United Kingdom, Germany, Spain, Belgium, Switzerland: private DNA tests authorised with framework

• Italy, Portugal: tests authorised for filiation with parties' consent

• France: total prohibition outside judicial or medical framework

Reasons for this restriction

1. Protection of privacy and family

• Avoid "brutal revelations" that could destabilise families

• Protect family secrets

• Preserve family balance, particularly for children

2. Principle "biological truth is not always legal"

• In French law, filiation is above all a legal and emotional link

• Biological paternity doesn't automatically take precedence over legal paternity

• Possession of status (social recognition) has major importance

3. Framework for access to genetic information

• Fear of eugenic drift

• Protection against genetic discrimination

• Control of genetic data use

4. Preservation of public order

• Avoid systematic challenge of established filiations

• Maintain family stability

• Prevent family conflicts

An increasingly contested position

Arguments from opponents to this prohibition:

1. Right to know one's origins

• Recognised by the European Court of Human Rights

• Strong demand from people born under confidentiality or through gamete donation

• Legitimate identity need

2. Ineffectiveness of prohibition

• 150,000 French people order tests each year

• Impossible to control purchases abroad

• Law is easily circumvented

3. Inequality of access to justice

• Long and costly judicial procedure

• Obstacle for people with modest incomes

• Necessity to prove "serious presumptions or evidence" before judge orders assessment

4. Lag in societal evolution

• Multiplication of blended families

• Need to secure filiation links

• Evolution of mentalities regarding origin secrecy

Legal alternatives: what can you do?

If you have doubts about filiation

1. Initiate legal action (legal solution)

Procedure:

• Consult a lawyer specialising in family law

• Build a file with all available evidence (photos, testimonies, correspondence, etc.)

• File a petition with the Judicial Court

• The judge will assess whether "serious presumptions or evidence" justify a DNA expert assessment

• If the judge orders the assessment, it will be performed by a judicial expert

Advantages:

• Legal and secure procedure

• Legally enforceable results

• Protection of all parties' rights

Disadvantages:

• Long procedure (6 to 18 months)

• Cost (lawyer fees + expert assessment fees)

• Necessity to convince the judge

2. Family mediation

Before initiating legal action, mediation can allow:

• Obtaining consent from all parties for a test

• Preparing psychological consequences

• Finding agreement on next steps

3. Voluntary recognition

If the presumed biological father agrees, he can make a voluntary recognition of the child, without DNA test.

If you wish to order a test abroad

We cannot recommend this action as it's illegal in France.

However, if you decide to override the prohibition, know that:

1. Choose an accredited laboratory

• Verify international accreditations (ISO 17025, AABB, etc.)

• Favour recognised and established laboratories

2. Ensure consent

• Never test a child without both parents' agreement

• Never collect DNA without the person's knowledge

• Non-respect of consent considerably worsens legal risks

3. Protect your data

• Read the privacy policy carefully

• Verify the laboratory won't resell your data

• Prefer anonymity if possible

4. Don't use results in court

• These results aren't admissible before a French court

• Presenting them could turn against you

• Use them only for your personal information

5. Assume the risks

• You're liable to 1 year imprisonment and €15,000 fine

• In case of conflict, the other parent can file a complaint

• Results can destabilise your family