What is DNA testing?
Relationship testing is undertaken using DNA analysis called Short Tandem Repeat (STR) profiling.
Typically, 15 STR tests are used to analyse a claimed relationship. In paternity cases when a mother, child and father are tested, Cellmark will either exclude the man with 100% certainty, or provide a probability of paternity in excess of 99.99%.
The use of the amplification technology Polymerase Chain Reaction (PCR) means that small cellular samples can be used, such as mouth swabs (buccal scrapes).
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Legal Implications
Paternity testing is not available on the NHS, nor is it considered a ‘healthcare’ matter, subsequently doctors may feel this is a subject not suited to the remit of their practice as a doctor, GP or otherwise.
However, there is an implicit responsibility to provide those seeking a test with correct and appropriate information.
The subject of legal referral is important as it ensures that the company is used for testing, complies with the Human Tissue Act 2004, and ISO17025 standards.
Key considerations
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Fully accredited
We are accredited by the Ministry of Justice as a body that may carry out parentage tests (otherwise called DNA Testing or Paternity Testing) as directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.
This means that we abide by the Dept. of Health's voluntary Code of Practice on Paternity Testing, our labs have the relevant ISO accreditation (ISO17025) and we market our services in an ethical manner.
We are the UK's most recommended Paternity Testing service, according to the quarterly TNS/Sofres Omnimed survey.
Consent
The individuals being tested must give their consent for DNA testing. The Human Tissue Act 2004 specifies that it is the treating clinician’s responsibility to seek consent from a parent, person with parental responsibility or relative.
Failure to ensure this constitutes the offence of "DNA theft" which is punishable by a prison sentence of up to three years and/or a fine of £3,000. This is one reason why Cellmark does not offer "curiousity" tests as we believe that it cannot be proven that all parties have actually consented in these instances.
Cellmark provides all the relevant documentation and instructions on what to do to simplify your involvement in the sampling process. If you have any concerns Cellmark Ireland on 0818 332 018.
Sampling
Procedures have been developed to ensure that the correct individuals are tested.
The samples must taken by an independent and suitably qualified medical practitioner e.g. a doctor or practice nurse.
The sampler should not be related to the sample giver, nor have any financial or personal interest in the outcome of the paternity test.
Two passport sized photographs must be presented at the sampling appointment and the signature of each person being tested is required on the sampling forms. The sampler must also sign the sampling forms to confirm the identity of the donor and the sample and that it has been given consentually. This can be used to confirm the identity of the person(s) being tested and are sent with the samples to Cellmark.
This means that we can confirm that DNA testing is undertaken in a professional manner which complies with UK legislation and the results of testing will be accepted as evidence of paternity in the UK courts.
Ethics and DNA testing
The provision of paternity testing direct to the public, using test kits sent off for analysis, raises the possibility of samples being tested without the individual’s consent.
As a sample from the mother is no longer required for meaningful results the possibility of testing without the knowledge or consent of the mother is increasing.
In 2001, the Department of Health published a code of practice and guidance on genetic paternity testing which sought to address some of these issues.
More information
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General principles
Consent is required before a sample is taken for paternity testing. People with parental responsibility must give consent on behalf of children or young people, but when they are capable of understanding the issues, the views of young people should be taken into account when deciding if a paternity test would be in their best interest.
Ethically, health professionals should only agree to provide assistance where the testing is in the best interest of the child.
Health professionals should discuss with those requesting a test the possible implications of the result.
The BMA believes that, ethically, ‘motherless’ paternity testing should only go ahead where the mother, and, if sufficiently mature, the child, consents.
Ethical obligations
The BMA considers that healthcare professionals should only agree to provide assistance with testing when it is considered to be in the best interests of the child, in some cases the certainty of knowing might be better for the child.
The ease of which testing can be obtained may mean a test is requested without those involved having considered the impact the result may have on those concerned. Therefore it is important for health professionals to discuss with adults why the test is being requested and the potential implications of the result on family relationships.
Information must be clear, unambiguous and raise the possibility that results may provide distressing information and could have a profound effect on those involved.
If doctors are consulted regarding a ‘motherless’ paternity test they should encourage those seeking the test to discuss their plans with the child’s mother. The BMA would advise that doctors do not become involved if that advice is rejected.
Where a decision is made to proceed, patients should be advised to use an appropriate service provider.
