Legal Issues
In the UK, there were no restrictions on paternity tests until the Human Tissue Act 2004 came into force in September 2006. Section 45 states that it is an offence to possess without appropriate consent any human bodily material with the intent of analyzing its DNA. Legally declared fathers have access to paternity testing services under the new regulations, provided the putative parental DNA being tested is their own.
Tests are sometimes ordered by courts when proof of paternity is required. In the UK, the Ministry of Justice accredits bodies that can conduct this testing. The Department of Health produced a voluntary code of practice on genetic paternity testing in 2001. This document is currently under review, and responsibility for it has been transferred to the Human Tissue Authority.
If parental testing is being submitted for legal purposes in the U.S. including immigration, testing must be ordered through a lab that has AABB accreditation for Relationship DNA testing. All accredited labs are listed on the AABB's website. In the state of New York, only legally admissible testing is allowed by law and requires either a physician prescription or court order. Labs must also have NYSDOH accreditation.
Read more about this topic: Parental Testing
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