Why is consent needed for DNA testing?

Why is consent needed for DNA testing?

If you choose to proceed with a DNA test, it is important to understand the law surrounding consent for DNA testing.

It is a legal requirement in the UK that all parties taking part in a DNA test agree to the test and provide consent for their DNA samples to be analysed.

It is illegal to perform a DNA test without the appropriate consent.

The Human Tissue Act 2004 covering England, Wales and Northern Ireland regulates activities concerning the removal, storage, use and disposal of human tissue for several scheduled purposes such as research, transplantation, education, and training.

Section 45 of the Human Tissue Act includes a section on the non-consensual analysis of DNA. It creates a new offence of DNA ‘theft’:

‘It is unlawful to have human tissue with the intention of its DNA being analysed, without the consent of the person from whom the tissue came.’

In Scotland, the Human Tissue (Scotland) Act 2006 deals with the uses of human tissue and, similarly, includes the non-consensual analysis of DNA. The offence of DNA theft therefore applies UK-wide.

Penalties for failing to obtain the correct consent, or misusing consent, include up to three years imprisonment, a fine or both.

When DNA testing children under 16 years of age, consent must be provided on their behalf by a parent or guardian with parental responsibility for the child.

In the UK, the mother of the child has parental responsibility automatically. The father has parental responsibility and can provide consent if he is either:

• Married to the child’s mother
• Listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)

If the DNA test requires that a DNA sample be collected from a deceased individual (e.g. for inheritance disputes), a person in a ‘qualifying relationship’ to the deceased before their death must provide consent for the deceased’s sample to be tested.

What consent do I need for a DNA test?

Below is an overview of the requirements for consent, depending on who is taking part in the DNA test.

• Any person aged 18 or over – must provide their own consent for their DNA samples to be used in testing
• For children under the age of 18 – parental consent can be provided by a parent or guardian with parental responsibility for the child. However, children aged 16-17 can also provide their own consent, provided they are competent to do so
• When testing DNA of deceased individuals – consent must be provided by a person with a qualifying relationship to the deceased

Can I do a DNA test without someone knowing?

Under UK law, an adult submitting a DNA sample for the purpose of testing must provide their own consent for their DNA sample to be analysed.

This applies for both peace of mind at-home DNA tests and DNA tests for official matters.

Exceptions are:

• When testing a child under 18 years of age – in these circumstances, a parent or guardian with parental responsibility for the child can provide consent on the child’s behalf
• When testing the DNA sample of a deceased person – in this instance the person in question cannot give their consent. This means that a person with a qualifying relationship to the deceased must provide consent on their behalf, for the DNA samples to be collected and analysed

It is illegal to perform a DNA test without the appropriate consent.

As a parent or guardian with parental responsibility, you may decide not to discuss the DNA testing process with a child under 16 years of age (for whom you can provide consent).

In these circumstances, there are DNA testing options available for people who require a more ‘discreet’ method of sample collection (e.g. a used toothbrush or nail clippings), where collecting a traditional cheek swab sample (e.g. from an older child under the age of 16) could lead to awkward conversations/questions.

However, even in these circumstances, consent is a legal requirement for proceeding with the DNA test. Please note, our Toothbrush DNA Tests and Nail DNA Tests are for peace of mind only, and the results cannot be used for legal reasons.

In situations involving older children who are able to understand the ramifications of a DNA test, we would always advise that it is better to have an open and honest conversation about your reasons for wanting the test before proceeding.

Can I refuse a DNA test?

Yes, you can refuse to take part in a DNA test if you do not want to provide your DNA sample for any reason.

However, you should be aware that if you are refusing a DNA test for legal reasons, such as during a child maintenance or custody dispute, the court may still decide to order a DNA test.

In these circumstances you could still refuse to participate in the test, but the court would be forced to reach a decision either way without this DNA evidence.

If you are a parent/guardian who is refusing to grant permission for your child’s DNA to be tested for legal matters, the court may override your refusal if it considers that it is in the child’s best interest for the sample to be taken (e.g. during custody disputes).

Where can I buy a DNA test?

It has never been easier to get answers to those all-important questions, with peace of mind DNA testing from AlphaBiolabs.

Our award-winning, UKAS ISO 17025-accredited DNA laboratory has been helping people find out the truth about their family relationships since 2004.

We offer a wide range of DNA tests to suit all circumstances including paternity, non-invasive prenatal paternity (NIPP), maternity, sibling, twin, grandparent, and aunt/uncle tests.

Order your test online now and we will ship your kit out to you immediately in discreet, plain packaging, for full confidentiality.

Need a DNA test for court or other private legal/official matters? Call us on 0333 600 1300, request a quote online, or email testing@alphabiolabs.com to discuss your requirements and request a quote.