Editing DNA paternity testing (section)

==Legal issues==

===Australia===
Peace-of-mind parentage tests are readily available online. However, for a parentage test (whether paternity or maternity) to be admissible in legal matters—such as changing a birth certificate, proceeding with Family Law Court cases, applying for visas or citizenship, or making child support claims—it must comply with the Family Law Regulations 1984 (Cth).<ref>{{Cite web |date=September 8, 2021 |title=Court Ordered Paternity Tests - The Requirements of a Legal Paternity Test |url=https://identilab.com.au/how-do-you-get-a-court-ordered-paternity-test/ |access-date=}}</ref> Additionally, the laboratory that processes the samples must be accredited by the National Association of Testing Authorities (NATA).<ref>National Association of Testing Authorities, [https://www.nata.com.au/accredited-facility Accredited Facilities]</ref>

===Canada===
Personal paternity-testing kits are available for use. In Canada, the Standards Council regulates paternity testing, ensuring that laboratories are ISO 17025 approved. Only a limited number of laboratories possess this approval, making it advisable to have tests conducted at these accredited facilities. Additionally, courts can order paternity tests during divorce proceedings.<ref>{{cite web |title=Paternity Test - CanadianDivorceLaws.com |url=http://www.canadiandivorcelaws.com/paternity-test/ |website=www.canadiandivorcelaws.com}}</ref>

===China===
In [[China]], paternity testing is legally available for fathers who suspect that a child may not be theirs. Chinese law also mandates a paternity test for any child born outside the [[one-child policy]] in order for the child to be eligible for a ''[[Hukou system|Hukou]]'', which is a family registration record. Additionally, family ties established by adoption can only be confirmed through a paternity test. Each year, a significant number of Chinese citizens seek paternity testing, leading to the emergence of many unlicensed and illegal testing centers being set up.<ref name="autogenerated2">{{cite web |title=China's census gives rise to paternity test, distrust; netizens' comments and our thoughts - Ministry of Tofu 豆腐部 |url=http://www.ministryoftofu.com/2010/11/chinas-census-gives-rise-to-paternity-test-netizens-comments-and-our-thoughts/ |url-status=dead |archive-url=https://web.archive.org/web/20121120012453/http://www.ministryoftofu.com/2010/11/chinas-census-gives-rise-to-paternity-test-netizens-comments-and-our-thoughts/ |archive-date=November 20, 2012 |access-date=December 20, 2012 |website=www.ministryoftofu.com}}</ref>

===France===
DNA paternity testing is conducted only at the discretion of a judge during judicial proceedings aimed at either establishing or contesting paternity, or for the purposes of obtaining or denying child support.<ref>Art. 16-10 of the Civil Code</ref> Non-consensual private DNA paternity testing is illegal, even if carried out through laboratories in other countries. Violation of this law is punishable by up to one year in prison and a fine of €15,000.<ref>Art. 226-25 to 226-30 of the Penal Code. These articles only ban non consensual testing and don't apply to testing by parents of minors.</ref>  The [[Conseil d'État (France)|French Council of State]] has described the purpose of this law as upholding the "French regime of filiation" and preserving "the peace of families".<ref>{{Cite news |title=French men's insecurity over paternity of offspring creating 'a society of doubt' |url=https://www.irishtimes.com/news/french-men-s-insecurity-over-paternity-of-offspring-creating-a-society-of-doubt-1.773569 |newspaper=[[The Irish Times]]}}</ref>

===Germany===
Under the Gene Diagnostics Act of 2009, secret paternity testing is prohibited. Any paternity test must be conducted by a licensed physician or an expert with a university degree in science and specialized education in parentage testing. Additionally, the laboratory performing the genetic testing must be accredited according to [[ISO/IEC 17025]]. Full informed consent from both parents is required for testing. Prenatal paternity testing is also prohibited, except in cases of sexual abuse and rape. If genetic testing is performed without the other parent's consent, the offender may face a fine of €5,000.<ref>{{cite web |title=BIONEWS - Germany passes genetic test laws |url=http://www.bionews.org.uk/page_13827.asp |url-status=dead |archive-url=https://web.archive.org/web/20130620122428/http://www.bionews.org.uk/page_13827.asp |archive-date=June 20, 2013 |access-date=March 4, 2013 |website=www.bionews.org.uk}}</ref>

Furthermore, due to an amendment to civil law [http://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p5526 section 1598a] in 2005, a man who contests paternity no longer automatically loses his legal rights and obligations regarding the child.<ref>{{cite web |date=19 November 2010 |title=Alpha Biolabs - Paternity Test |url=http://www.alphabiolabs.com/paternity-test.html |url-status=bot: unknown |archive-url=https://web.archive.org/web/20101119013445/http://www.alphabiolabs.com/paternity-test.html |archive-date=19 November 2010}}</ref><ref>{{cite web |title=Constitutional Court Rules Secret Paternity Tests Still Illegal - Germany- News and in-depth reporting from Berlin and beyond - DW - 13.02.2007 |url=http://www.dw.de/constitutional-court-rules-secret-paternity-tests-still-illegal/a-2346882 |website=DW.COM}}</ref>

===Israel===
A paternity test that holds legal standing must be ordered by a family court. Although parents can access "peace of mind" parental tests from overseas laboratories, family courts are not obliged to accept these tests as evidence. Additionally, it is illegal to collect genetic material for a paternity test from a minor over 16 years of age without the minor's consent.

Family courts have the authority to order paternity tests even against the father's wishes in cases involving divorce, child support, and other matters like determining heirs or settling population registry questions. A man who wishes to prove that he is not the father of a child registered as his is entitled to a paternity test, regardless of the mother and guardian's objections. 

Paternity tests are not conducted if there is a belief that it could lead to the mother's death. Until 2007, such tests were also not ordered when there was a possibility that the child of a married woman could have been fathered by a man other than her husband, which would designate the child as a ''[[mamzer]]'' under Jewish law.<ref>{{cite web |date=December 21, 2007 |title=Court Orders Paternity Test Despite 'Mamzer' Factor - Israel National News |url=http://www.israelnationalnews.com/News/Flash.aspx/138511#.UPtikCfs6zo |website=Israel National News}}</ref><ref>{{cite news |last=Sinai |first=Ruth |date=22 October 2008 |title=Court May Side With Husband on Paternity Test |url=http://www.haaretz.com/print-edition/news/court-may-side-with-husband-on-paternity-test-1.255798 |newspaper=Haaretz}}</ref><ref>{{cite news |last=Ilan |first=Shahar |date=24 July 2008 |title=MKs Okay Paternity Testing |url=http://www.haaretz.com/print-edition/features/mks-okay-paternity-testing-1.250360 |newspaper=Haaretz}}</ref>

===Philippines===
DNA paternity testing for personal knowledge is legal, and home test kits can be obtained by mail from representatives of AABB- and ISO-certified laboratories.<ref>{{Cite web |title=Become AABB-Accredited - Relationship (DNA) Testing |url=https://www.aabb.org/standards-accreditation/accreditation/become-accredited/relationship-dna-testing |access-date=2025-04-19 |website=www.aabb.org |language=en}}</ref> However, DNA paternity testing intended for official purposes, such as child support (sustento) and inheritance disputes, must adhere to the Rule on DNA Evidence A.M. No. 06-11-5-SC, which was issued by the Philippine Supreme Court on October 15, 2007.<ref>{{Cite web |title=Rules on DNA Evidence {{!}} Senate Electoral Tribunal |url=https://www.set.gov.ph/resources/rules-on-dna-evidence/ |access-date=2025-04-19 |language=en-US}}</ref>  In some cases, courts may order these tests when proof of paternity is needed.

===Spain===
In [[Spain]], peace-of-mind paternity tests are a "big business," partly due to the French ban on paternity testing, with many genetic testing companies being based in Spain.<ref name=autogenerated1>{{cite web |url=http://afp.google.com/article/ALeqM5gqOQJ9Q4STQhxRm0hOlLTXDWEC0g|title=AFP: Paternity tests take off in Spain thanks to French ban|date=10 February 2013|url-status=dead|archive-url=https://web.archive.org/web/20130210025602/http://afp.google.com/article/ALeqM5gqOQJ9Q4STQhxRm0hOlLTXDWEC0g|archive-date=10 February 2013}}</ref><ref>{{cite web|url=http://www.medindia.net/news/Spain-Offers-Paternity-Tests-to-Suspicious-French-Fathers-29966-1.htm|title=Spain Offers Paternity Tests to Suspicious French Fathers|website=Medindia|date=November 28, 2007}}</ref>

===United Kingdom===
In the [[United Kingdom]], there were previously no restrictions on paternity tests until the ''[[Human Tissue Act 2004]]'' came into effect in September 2006. Section 45 of this Act states that it is an offense to possess any human bodily material without appropriate consent if the intent is to analyze its DNA. Legally recognized fathers are allowed access to paternity-testing services under these new regulations, provided that the DNA being tested is their own. Courts may sometimes order tests when proof of paternity is necessary. In the UK, the  [[Ministry of Justice]] accredits organizations that are authorized to conduct these tests. The  [[Department of Health (United Kingdom)|Department of Health]] produced a voluntary code of practice on genetic paternity testing in 2001, which is currently under review. Responsibility for this code has been transferred to the [[Human Tissue Authority]].
In the 2018 case of [https://www.bailii.org/ew/cases/EWHC/Fam/2016/851.html Anderson V Spencer], the Court of Appeal allowed DNA samples obtained from a deceased person to be used for paternity testing for the first time.<ref>{{Cite web |title=Analysis of DNA under the HT Act {{!}} Human Tissue Authority |url=https://www.hta.gov.uk/guidance-professionals/regulated-sectors/research/analysis-dna-under-ht-act |access-date=2025-04-19 |website=www.hta.gov.uk}}</ref>

===United States===
In the [[United States]], paternity testing is entirely legal, and fathers may test their children without the consent or knowledge of the mother. Paternity testing take-home kits are readily available for purchase, though their results are not admissible in court and are for personal knowledge only.

Only a court-ordered paternity test may be used as evidence in court proceedings. If parental testing is being submitted for legal purposes, including immigration, testing must be ordered through a lab that has [[AABB]] accreditation for relationship DNA testing.<ref>{{cite web|url=http://www.aabb.org/Content/Accreditation/Parentage_Testing_Accreditation_Program/AABB_Accredited_Parentage_Testing_Laboratories/|title=Accredited Parentage Testing Facilities|date=18 February 2006 |url-status=dead |archive-url=https://web.archive.org/web/20060218003033/http://www.aabb.org/Content/Accreditation/Parentage_Testing_Accreditation_Program/AABB_Accredited_Parentage_Testing_Laboratories/|archive-date=18 February 2006}}</ref>

The legal implications of a parentage result test vary by state and according to whether the putative parents are unmarried or married. If a parentage test does not meet forensic standards for the state in question, a court-ordered test may be required for the results of the test to be admissible for legal purposes. For unmarried parents, if a parent is currently receiving child support or custody, but DNA testing later proves that the man is not the father, support automatically stops. However, in many states, this testing must be performed during a narrow window of time if a voluntary acknowledgment of parentage form has already been signed by the putative father; otherwise, the results of the test may be disregarded by law, and in many cases, a man may be required to pay child support, though the child is biologically unrelated. In a few states, if the mother is receiving the support, then that alleged father has the right to file a lawsuit to get back any money that he lost from paying support. As of 2011, in most states, unwed parents confronted with a voluntary acknowledgment of parentage form are informed of the possibility and right to request a DNA paternity test. If testing is refused by the mother, the father may not be required to sign the [[birth certificate]] or the voluntary acknowledgement of parentage form for the child. For wedded putative parents, the husband of the mother is presumed to be the father of the child. But, in most states, this presumption can be overturned by the application of a forensic paternity test; in many states, the time for overturning this presumption may be limited to the first few years of the child's life.<ref>{{Cite web |last=Townsend |first=Zachary |date=2023-12-28 |title=Voluntary Acknowledgement of Paternity |url=https://prolegalcare.com/voluntary-acknowledgement-of-paternity/ |access-date=2025-04-19 |website=Pro Legal Care LLC |language=en-US}}</ref>