Legal DNA Test
Contrary to popular belief, DNA testing is not banned or considered illegal .
To convince you of this, you can see it by the many uses of DNA made in past and current court cases all over the world.
Moreover, the codes of this use are widely relayed by films and series, which inscribes this practice in popular culture.
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It is therefore entirely possible and legal to use a person's DNA in order to allow genetic identification, also called genetic fingerprinting.
It is necessary nevertheless to understand that the conditions of use may be different depending on the context and the legislation of the country in which the test is established.
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To do this, it is necessary to distinguish the methods of recourse to the use of a DNA test:
It is therefore entirely possible and legal to use the DNA of aperson in order to allow genetic identification also called genetic fingerprinting.
It takes nevertheless understand that the terms of use may be different depending on the context and the legislation of the country in which the test is established.
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To do this, it is necessary to distinguish the methods of recourse to the use of a DNA test.
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In civil matters, the use of DNA can only be sought in the execution of an investigative measure ordered by a judge seized of legal action or by a high administrative authority in order to allow the identification of a person by his or her DNA.
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This can be in the context of investigative measures, for medical purposes, to establish the identity of an unknown/deceased person, as well as in the establishment or contestation of a parentage link.
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Having recourse to a DNA test within the framework of a legal or administrative procedure is possible in the vast majority of countries. But the negative points can be the slowness of the procedure and especially its cost.
DNA tests during legal or administrative proceedings
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Today, you now have the possibility as an individual to do DNA tests with private laboratories outside of all administrative or legal procedures.
In fact, these tests are considered recreational, but they nevertheless include a nuance depending on the situation and the context.
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Non-legal DNA tests :
The private test is thus considered as a non-legal test since the procedure does not take place within the framework of a legal or administrative procedure.
They are made solely for your curiosity and in this sense have no legal value.
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Illegal DNA tests :
DNA testing legislation may differ from country to country. Thus the simple fact that an individual subscribes to a DNA test outside of a judicial or administrative procedure is considered illegal in certain countries such as France.
But this exception is not a generality, please find out about the laws in force in your country to know if DNA tests are authorized or not.
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Legal DNA tests :
Most of the countries which accept the use of recreational DNA tests also allow, under different conditions, that individuals go through private laboratories to do tests DNA that have legal value.
In this case, the legal tests can be carried out outside of all administrative or legal procedures at the simple request of an individual.
Private DNA tests
DNA Testing Legislation
How to do a Legal DNA Test?
Depending on the laws of your country, you have the option of subscribing to a legally valid DNA test . This accredited and court-approved legal test can be used in any legal proceeding or before a public body.
Please note that before choosing a legal test, you must first consult a legal advisor or a lawyer in order to ensure the admissibility of the results as evidence.
Laboratories cannot guarantee that test results will always be admitted by a court or government agency.
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A legal DNA test can be useful in many legal proceedings or disputes concerning among others:
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- Family law - alimony, visiting rights, custody...
- Immigration and reunification procedure family
- Inheritance disputes
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The particularity of the legal test lies in the strict rules relating to DNA sampling. In this case , the laboratory must provide a rigorous procedure to maintain the chain of custody of the samples from collection until the final analysis and the results.
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This chain of custody ensures the authenticity of information concerning participants in a DNA test. Therefore, DNA samples must be taken by a third party to the test.
This can be a collector mandated by justice or a person under the right of medical reserve like a doctor.
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The identity of the participants must be verified, in addition all the documents necessary for the test duly completed, otherwise the test results will not be admissible.
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In order to respect the chain of custody, the person in charge of the samples guarantees the conformity of the process . The samples must be sealed and labeled respectively while avoiding that at any time the participants come into direct contact with the samples.
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The guarantor also pays for the sending of samples and documents directly to the laboratory, by registered mail with acknowledgment of receipt.
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The laboratory must be accredited by national bodies and recognized by the courts of the country in question, in order to guarantee a reliable and precise analysis procedure.
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Requirements for a Forensic DNA Test
Order your DNA test kit online
Receive your DNA kit at
home
Take samples
at home
Send
your
samples
Discover your results
by email
The doctor will have to:
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- Check the identity of the participants
- Take saliva samples
- Complete the documents concerning the DNA test
- Return the samples to the laboratory with an acknowledgment of receipt
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Under no circumstances should participants be in contact with the kit or samples for legal DNA testing
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Under no circumstances can a legal DNA test be done anonymously , as the aim is precisely to verify the identity of the participants. If you would like more information about anonymity in online DNA tests we explain it in our article on data protection
A Legal Test cannot be Anonymous
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The type of sample you should use for a legal test is exclusively saliva.
Under no circumstances will you be able to offer non-standard samples, since the question of anonymity arises.
Use of saliva samples
In which country can a DNA test be done?
DNA testing laws may differ from country to country. Before ordering a test, please inform yourself about the risks and reasons why genetic testing is not unanimous in all countries.
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Today, professionals and associations are mobilising to obtain the legalisation of genetic tests in certain more resentful countries such as France.
Because more and more people want to be tested and believe that access to information in their DNA is a right that everyone can have , whether out of curiosity or for genealogical purposes.
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Please take into consideration that your DNA is part of your heritage, so you have the right to access the information that this heritage contains.
However, it is essential to choose your laboratory with care to keep full control of the genetic data that you make available. The GDPR will allow you to know your rights and to enforce them.
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Check your Legislation
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Since your DNA test will be carried out by a laboratory in a country which authorises it, you have the right to travel to this country to do a DNA test or order on the internet .
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In this case it does not matter where the participants are, since you will receive your collection kit by post. You will only need to return your samples and view your results by email.
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If you want to do a DNA test from an African country, we offer a guide to facilitate the process. DNA Test from Africa
Non-Legal DNA Tests Can Be Done From Any Country
Legal DNA tests can be done from countries that allow it
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Doing a legal DNA test in UK:
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In the UK, legal DNA testing is permissible under the Family Law Reform Act 1969, which allows individuals to voluntarily undergo paternity testing. The law permits the use of DNA testing to establish biological relationships for legal purposes, such as determining paternity. Legal admissibility requires that the test be conducted by an accredited laboratory, involve a certified sample collector, and adhere to established protocols. Consent and identification are crucial elements, and results are typically accompanied by a legal report. Legal DNA testing in the UK must comply with the regulatory framework set forth by the Family Law Reform Act to ensure its validity and acceptance in legal proceedings.
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More information on :DNA test in UK
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Doing a legal DNA test in USA:
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In the USA, DNA testing is widely available for various purposes, including paternity testing, ancestry testing, and genetic health analysis. Individuals can choose from a range of accredited DNA testing companies to undergo testing. While the use of DNA testing is not specifically governed by a federal law, it is subject to state laws, and the legal admissibility of results may vary.
The legal framework for DNA testing is multifaceted, with different rules applying depending on the specific type of test and its intended purpose. Therefore, individuals considering DNA testing for legal matters should be aware of state regulations and consult with legal professionals to ensure the validity and admissibility of the results in their particular jurisdiction.
More information on: DNA test in USA
Can a DNA test be done in Canada?
In recent years, DNA testing has become increasingly popular in Canada. More and more people wish to know their ancestors or verify a link of biological parentage.
In Canada, the legal framework for DNA testing is primarily governed by provincial regulations, as family law falls under provincial jurisdiction. There isn't a specific federal law that governs DNA testing procedures. The legal requirements for DNA testing, especially in cases such as paternity determination, may vary across provinces and territories.
Find out more on our page:DNA test in Canada
