DNA Testing Law

DNA testing can take different forms and create complex legal and wider issues as a result of:

• A direct-to-consumer DNA test.
• Formal chain-of-custody DNA testing through a legally accredited provider (e.g. to confirm biological parentage beyond doubt).
• DNA/genetic testing for medical purposes.

Direct-to-consumer DNA testing

There are lots of different reasons for taking a direct-to-consumer DNA test through companies like AncestryDNA, MyHeritageDNA and 23andMe. They can be the result of:

• Receiving an at-home DNA testing kit as a gift for a birthday or Christmas.
• An interest in genealogy and curiosity to know more about personal ancestry and increase understanding about genetic legacy.
• A desire to construct family trees and trace birth parents, donors and genetic relatives.
• Answer questions or suspicions about family relationships and fertility fraud.

Formal chain-of-custody DNA testing through a legally accredited provider

Formal chain-of-custody DNA testing through a legally accredited provider can be used to confirm biological parentage beyond doubt. This can be used in a number of scenarios, to include:

• A paternity dispute (where biological and legal parentage and/or financial responsibility for a child is at issue).
• An order for DNA testing within an application for a Declaration of Parentage in the English Family Court.
• To support an application for citizenship/passport.

DNA and genetic testing for medical purposes

DNA and genetic testing can also be undertaken for a variety of different medical reasons, including:

• You or your doctor suspects that you might have a health condition caused by a change to one or more of your genes.
• A family relative has a health condition that is caused by changes to genes.
• Your close relatives have suffered/died from a particular type of cancer that could be inherited.
• You or your partner have a health condition that could be passed on to your children.
• Whole genome sequencing has been recommended or undertaken as a means of preventative healthcare or for the purposes of receiving precision medicine/treatment.

Given the rapidly evolving landscape associated with DNA testing, it is important to obtain specialist legal advice to identify, manage and resolve the complex and far-reaching legal and practical issues and outcomes. It can:

• Advise on options for opening and managing dialogue with biological parents and relatives following a direct-to-consumer DNA test.
• Provide expert legal advice in respect of legal parentage claims involving DNA testing.
• Advise, represent or defend individuals in an application for a Declaration of Parentage in the English Family Court.
• Advise and assist in applications to rectify a birth certificate (add or remove a parent’s name) following DNA testing.
• Resolve a dispute about paternity/legal parentage, DNA testing and financial provision for a child or individual.
• Specific Issue and Prohibited Steps Orders (including applications concerning genetic testing, genome sequencing and genomic medicine applications involving a child).
• Create a bespoke legal action plan to proactively manage complex family situations and dynamics.
• Advise on saviour siblings and the law.