Contrary to popular belief, DNA tests are neither prohibited nor considered illegal.
To confirm this, you can observe the numerous uses of DNA in past and ongoing legal cases worldwide.
Moreover, the rules governing this use are widely portrayed in movies and TV series, embedding this practice in popular culture.
Legal 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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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
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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...
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Immigration and reunification procedure family
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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
How to do a Legal DNA Test?
According to the laws of your country, you have the option to undergo a DNA test that is legally valid.
This accredited and court-approved legal test can be used in any legal proceeding or with a public authority.
Please note that before choosing a legal test, you should consult a legal advisor or lawyer to ensure the admissibility of the results as evidence.
Laboratories cannot guarantee that test results will always be accepted by a court or public authority.
Order your test
Get instructions
Collect samples
Send to the lab
Discover your results
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Check the identity of the participants
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Take saliva samples
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Complete the documents concerning the DNA test
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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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The doctor will need to:
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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
The type of sample you must use for a legal test is exclusively saliva-based.
Non-standard samples cannot be used under any circumstances, as the issue of anonymity arises.
We offer you an article detailing the types of samples and their possible uses.
Use of saliva samples
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.
Non-Legal DNA Tests Can Be Done From Any Country
Prenatal paternity test
Do a prenatal DNA paternity test, in order to know the biological father of the unborn fetus.
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Discover the price of the prenatal paternity test, the procedure for making your order online.
Baby gender test
DNA test to find out the sex of the baby is a non-invasive genetic analysis that lets you know if you are expecting a boy or a girl.
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Discover the price of the DNA test to find out the sex of the baby, the procedure for making your order online.