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Like any law, the Human Tissue Act (HTA) has been carefully thought through before its full implementation. It is ultimately there to protect each and every one of us; you can understand more about this law and your paternity DNA test in the following article which is a follow up from Part 1.
The Paternity DNA test involves establishing the Paternity of a 5 year old Daughter
In the previous article we said that to take any DNA sample you must have the explicit consent of the person from whom you got that DNA sample. The Human Tissue Act is clear and there are no loop holes and there is no getting around the system. So as long as you are in the UK you must abide by this law. If you do take anyone’s DNA sample without them being aware of it, it is considered a violation and you are liable to prosecution which can result in up to 3 years imprisonment. If you carry out your paternity DNA test elsewhere in the world you may be able to do so as there may be no Human Tissue Acts or any similar laws in place.
In the case of a 5 year old child being involved in the test, it is obvious that a young child cannot give their explicit consent or even understand the implications of such a test. To counter such situations, it is possible for any legally recognised parent or guardian to sign on behalf of the child so as long as the child is under the legal age of consent. The legal age of consent in the UK is 16. If the child is over 16, than the Human Tissue Act applies and you will need to inform the child that you will need their DNA sample for a paternity test or any other DNA testing. Any child who is above the legal age of consent has to sign a consent form agreeing to the DNA test.
Paternity Testing: I would Rather the Father did Not Know
If you are want to carry out a paternity DNA test and the father is unaware of it or does not agree to the test, you will not be able to use his DNA sample. By DNA sample we mean anywhere he may have left traces of his DNA; these can include chewing gum, a cigarette and a used Kleenex to mention a few. If the father has not explicitly refused the test, the law still applies. The absence of any form of refusal does not signify consent.
If the father or anyone required for a DNA test has passed away, then the relatives will need to give their consent for samples to be taken from the body.
The Human Tissue Act means that taking a DNA sample from anyone without them knowing is an act of theft, and given the type of penalty it is clearly considered a serious one. Fully consult the company providing the paternity test to discuss your options and the extent to which these are viable. |
