Despite no specificity on the framework of genetic analyzes and DNA tests,Belgium is a leading country in terms of bioethics.
As much on scientific development as on the current debate concerning the values of freedoms, ethical rules, respect for human dignity and the protection of the person.
The government takes into account the beneficial impact on health of new genetic research and raises societal or cultural problems requiring an appropriate legal framework.
Bills have already been tabled, but have so far never come to fruition.. However, even if no specific law exists on DNA testing, not everything is allowed.
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For example, performing a DNA test on a minor child is protected by the consent of a legal parent.
No person in doubt of paternity can give consent for a minor child if he does not appear as a legal parent on the child's birth certificate.
Moreover, if one of the two parents objects, he can prevent the genetic analysis by using the DNA of the child. So,only a judge can decide to modify or establish a parent-child relationship.Scan results do not automatically change a child's paternity.
What does the law say about DNA testing?
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Belgian law provides that anyone cannot dispute a parentage. Only people who are directly linked to the doubt of paternity and according to terms of duration, a request for examination can be requested from the competent judge.
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For a child:
A child can take action to challenge his parentage in Belgium between the ages of 12 and 22. If the child is over 22, he can appeal up to one year after the discovery of the parentage.
The person with respect to whom the parentage link is established or the person claiming the parentage link:
She can challenge up to one year after the discovery of the parentage.
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Legal father or legal mother:
The father or the mother can challenge the paternal/maternal filiation link within one year of the discovery of a link with a third person.
Can a parentage relationship be disputed?
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Yes, a judge can cancel a parent-child relationship in Belgium depending on the family situation and the person contesting it. The court can define it according to circumstances and the interests of the child.
Thus a father can recognize a child after contesting a link that has been demonstrated, canceled and replaced.
Can we cancel a parentage link?
DNA tests in the context of a legal action
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The result of this analysis has the greatest value before the judge, because being ordered by the judge himself.
It offers the greatest guarantee of respect for everyone's consent and the interests of the family.
Moreover,the conditions allow this test to be used only when a doubt and a dispute of filiation are recognized by the court.
Legal DNA tests carried out with an approved laboratory, but outside of a legal procedure
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The accreditations of a laboratory represent a guarantee of security on the method of analysis.
The report can then be used to initiate legal action and it is sometimes more useful to do so before.
Butit is advisable to confirm with a lawyer depending on the situation, a DNA test carried out outside of a legal procedure may be useless on results that go against a legal rule.
Private DNA tests performed at home and only recreational
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Even if the test is carried out at an accredited genetic center, failure to follow the procedurere legal will not allow you to use the result in court.
Whether this test is done during or outside the judicial or administrative procedure.
In the facts,a DNA test result cannot be verified if the samples were taken by the participants without checking the identities and the samples.
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The result of the genetic analysis does not automatically modify the filiation link and only a judge can decide on this change..
The judge may not follow genetic relationship evidence from a DNA test to prioritize the best interests of the child and the peace of the family.
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In Belgium,it is possible to do a DNA test for parentage research in a private setting, but also during a legal or administrative procedure. This genetic analysis can be considered recreational and without legal value, or depending on the procedure, be used as a legal result and confirm a biological link.
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We can distinguish 3 types of DNA tests:
Under what conditions can an analysis be carried out in Belgium?
To ensure that DNA test results are legally valid, it is important to comply with the conditions set by the laboratory and the court. These requirements aim to guarantee the reliability of the samples and the identity of the participants.
It should be noted that DNA tests are not always mandatory in legal proceedings and can be initiated by the participants without court involvement. However, it is recommended to use accredited laboratories to ensure reliable results.
A legally recognized DNA test can be very useful in many family law situations, such as child support, visitation rights, or custody disputes.
It may also be required for immigration and family reunification processes or to resolve inheritance disputes.
A legal DNA test is distinguished by strict DNA collection protocols that must be followed. The laboratory must adhere to rigorous procedures to ensure the reliability of the samples and the identity of the participants.
This ensures that the chain of custody for the samples is maintained from collection to the final analysis and the delivery of the results.
To guarantee the reliability and validity of DNA test results, it is crucial to follow a strict sample collection process. This involves verifying the identity of the participants and ensuring their separation from the samples.
Samples must be collected by a designated third party, such as a court-appointed collector or a healthcare professional. The chain of custody for the samples must be rigorously maintained, with proper labeling and sealing to ensure compliance with the process.
The results will not be accepted if the chain of custody requirements are not met.
The transportation of samples and the required information is managed by the appointed third party, who ensures delivery via a registered courier service with acknowledgment of receipt for maximum traceability.
The laboratory must be accredited by competent national authorities and recognized by courts to guarantee rigorous analysis and reliable results.
You will receive your test results by email in approximately 10 days, along with all necessary documents for any potential legal proceedings.
How to do a test Legal ?
How to do a private test?
The democratization of DNA testing opens access to quite recreational research about your origins and ancestors, and also addresses more serious issues like disease screening or searching for biological relationships between family members.
A private test can be done at home by ordering from an online laboratory.
Testing materials are sent after ordering with collection instructions.
The participant must return their samples by mail and receive analysis results by email or post.
There are 2 types of DNA Tests that can provide answers about you and your family:
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Relationship DNA tests to verify your filiation link
Filiation analysis allows comparison of genetic profiles between two or more people to determine a common biological inheritance.
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Generally, the test highlights similarities and differences that make up your genetic fingerprint and evaluates your correspondence rate to provide results matching your relationship search.
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Under no circumstances can this study be established without comparing different individuals, as your DNA is unique and contains only your family's inheritance, not their genetic profiles.
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Genealogy DNA tests to know your origins
Genealogy DNA tests allow examination of specific locations in your DNA to estimate ancestral genetic relationships.
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It allows comparing and integrating your genetic profile into a database that catalogs and uses different reference ethnic groups, composed of tested people whose previous origins are known.
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The genealogy test gives you access to a potential family tree of individuals close to your genetic heritage.
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As well as relationship matches with people who have also taken the test on their side.
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Relationship DNA tests to verify your filiation link
Filiation analysis allows comparison of genetic profiles between two or more people to determine a common biological inheritance.
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Generally, the test highlights similarities and differences that make up your genetic fingerprint and evaluates your correspondence rate to provide results matching your relationship search.
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Under no circumstances can this study be established without comparing different individuals, as your DNA is unique and contains only your family's inheritance, not their genetic profiles.
Anonymity during a legal DNA test
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Unlike a private and recreational test, the legal DNA test aims precisely to check the identity of the participants.It is therefore unthinkable to carry them out anonymously.
This is why, during a forensic test, the identity of the participants is checked before the samples are taken in an approved laboratory.
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After a legal DNA test,the genetic profile is saved together with the civil information of the person concerned.It seems all the more obvious that this identity must be preserved.
Thus, at any time a court decision can request laboratory verification to establish a biological parentage link between two people.
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In this sense, the withdrawal of your consent will cancel the entire procedure and you will no longer be able to use the results as a document during your administrative procedures.
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The choice of laboratory is a very important step when you want to do a parentage test. You should know that not all laboratories offer the same services and, depending on several factors it is better to make the right choice.
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You must choose a laboratory according to:
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Your situation, family and available participants
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Trust that the laboratory inspires through customer feedback
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Transparency of the company concerning its activity and your expectations
How to choose a reliable Laboratory?
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It is not possible to buy a paternity test and a DNA test in general in pharmacies in Belgium. Only an approved laboratory can offer this service. The pharmacy can still offer collection kits for saliva samples.
Is it possible to have a paternity test in Pharmacy?
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Paternity test in Belgium
Do a DNA paternity test in Belgium, in order to know the biological filiation link between an alleged father and a child.
Discover the price of the paternity test, the procedure for making your order online.
Test between sisters in Belgium
Genetic analysis between siblings in Belgium, to establish biological filiation and determine common paternity or maternity.
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Discover the price of the sibling test and the procedure to place your order online.
