DNA Testing FAQs

Are there any restrictions on DNA testing?

With all the advancements that have been made in diagnostic science, the information that can be collected on an individual from a single biological sample is overwhelming. In order to protect the individuals rights and prevent this information from being ill-gotten or misused, the UK government has passed new legislation when it comes to DNA (and biological) testing of an individual. The Human Tissue Act 2004 states:

That an individual must give their consent for their biological sample to be tested.

If the individual in question is a minor (below 18 years) then an individual who has parental responsibility must give consent.

Under the Human Tissue Act it is a criminal offence to take a sample from someone to test their DNA without their consent, except for medical purposes and lawful investigative purposes, for example a criminal investigation.

In the case of minors, individuals suffering from a mental disorder or those who are not in a position to give their own consent, a legal guardian or a person having parental responsibility for the individual must consent. It is a serious offence, punishable by imprisonment, to impersonate another person for the purpose of providing a DNA sample or to submit the wrong child for that purpose.

From 1st December 2003 legislation was passed granting equal parental responsibility to unmarried fathers providing that both parents are on the birth certificate when registering the baby. If a child was born prior to this date the only means of obtaining parental responsibility was by being married, marrying the child’s mother, signing an official agreement with the mother or by obtaining a court order.

Within each collection kit are the necessary consent forms for the testing required

 

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