Legal DNA test

Legal DNA test: definition, legal validity and procedure to follow (complete guide)

Contrary to common belief, DNA tests aren't necessarily "prohibited". They can be legal, but only under certain conditions.

The notion of "legal DNA test" can be confusing, as it depends on:

• the country's legislation (France, Belgium, Switzerland, etc.),

• the test objective (filiation, immigration, succession, identity…),

• and above all compliance with a regulated procedure (identity control, chain of custody, accredited laboratory).

On this page, we clarify:

• different DNA test frameworks (judicial/administrative vs private),

• the difference between non-legal and illegal,

• how to do a DNA test actually usable in proceedings,

• and in which countries this is possible.

DNA test legislation: 2 main frameworks

1) DNA tests within judicial or administrative proceedings

In most countries, DNA can be used within a framework of:

• investigation or instruction,

• medical or scientific,

• identification (unknown or deceased person),

• or establishment/contestation of a filiation link.

In civil matters, genetic identification is often possible by decision of a judge or competent authority.

Frequent limitations:

• sometimes lengthy procedure,

• higher cost,

• administrative constraints.

2) DNA tests privately (outside proceedings)

Today, in many countries, individuals can also order DNA tests from private laboratories, outside any proceedings.

But caution: not all private tests are equal.

a) Non-legal DNA tests (recreational)

A private "at-home" DNA test (without identity control and without chain of traceability) is generally considered non-legal in the sense of "not legally admissible".

It's performed for your personal information (origins, curiosity, relationship indication), but has no legal value.

b) Illegal DNA tests (depending on country)

In some countries, simply performing a private DNA test can be considered illegal, particularly when law requires a judicial framework.

Important: this isn't a universal rule. Laws vary by country.

c) Legal DNA tests via private laboratory (with regulated procedure)

In several countries, it's possible to do a "legal" DNA test via a private laboratory, even outside proceedings, provided a strict procedure is followed (identity, chain of custody, recognised laboratory).

How to do a legal DNA test (legally valid)?

According to your country's laws, you can request a DNA test that will be usable in judicial proceedings or with a public body.

Important point: before choosing a legal test, it's recommended to consult a legal adviser or lawyer to verify result admissibility.

Laboratories cannot guarantee the result will be automatically admitted in all cases: this depends on country, type of proceedings and local requirements.

In which cases is a legal DNA test useful?

A legal DNA test can be useful in many situations, particularly:

• family law (maintenance payment, visitation rights, custody…),

• immigration and family reunification,

• succession disputes,

• contestation or establishment of a filiation link.

Essential conditions of a legal DNA test (chain of custody)

The main difference between a "recreational" test and a "legal" test is the procedure.

1) Chain of possession (chain of custody)

The laboratory must maintain a chain of custody from collection to results. This guarantees:

• sample authenticity,

• participants' identity,

• absence of substitution.

2) Collection performed by third party

Collections must be performed by a third party to the test, for example:

• a mandated collector,

• or a healthcare professional (doctor, etc.).

3) Identity control and mandatory documents

Participants' identity must be verified and required documents must be correctly completed.

Without these elements, the result may be considered inadmissible.

4) Seals, labelling and separation

The guarantor third party must:

• seal and label samples,

• avoid direct contact between participants and samples,

• guarantee process compliance.

5) Secure dispatch to laboratory

The third party takes charge of dispatching samples and documents to the laboratory, often by recorded delivery with acknowledgement of receipt.

6) Accredited and recognised laboratory

The laboratory must be accredited by competent bodies and recognised to perform these analyses in a legally exploitable framework.

Result timescales

In your original page, an indicative time frame is given: approximately 10 days (depending on laboratory and country), with necessary documents.

Steps of a legal DNA test (simple summary)

Here is the general logic of a legal DNA test:

1. Order the test ("legal" procedure).

2. Receive the kit at the practice (often at doctor's/collector's).

3. Perform collections under supervision.

4. Third party returns samples to laboratory with traceability.

5. Receive results by email with documents.

The doctor (or third party) must generally:

• verify participants' identity,

• perform saliva collections,

• complete documents,

• return file to laboratory with proof of receipt.

Key point: participants must not directly handle the kit or samples in a legal test.

A legal DNA test cannot be anonymous

A legal DNA test has precisely the objective of controlling identity.

If you're seeking information on anonymity and confidentiality, this rather relates to data protection (and a non-legal framework).

What type of sample is used for a legal test?

Your original page indicates that, for a legal test, the sample used is exclusively saliva.

Non-standard samples are generally incompatible with a legal framework, as they pose identity, traceability and integrity problems.