Is it illegal to do a dna test without consent

Can DNA Test be performed without permission from a guardian?

As we understand it. There is no specific law prohibiting a DNA test from being performed without the consent of a legal guardian. The only DNA tests that can be performed without consent are peace of mind DNA tests. Most DNA testing companies will perform this service without a hitch if it is for peace of mind purposes. If you require a DNA test result to be submitted as evidence to prove a biological relationship then you will require consent for an under-aged child.

Now, If you are a New York State resident you will be required to obtain one of the following, a referral from a doctor, a letter from a New York State licensed attorney, a request for evidence letter from immigration or, a court order from a judge. Therefore, New Yorkers will be unable to perform a peace of mind DNA test without one of the above-mentioned instruments. Please keep in mind, acquiring consent does not only pertain to under-aged children but it also pertains to any person who needs a caretaker and is unable to make decisions for themselves. This does not only pertain to New York State residents but for every state, if you intend to use your DNA test result for legal purposes.

What should be emphasized is that peace of mind paternity test cannot be used for legal purposes. The reason being is, all legal DNA tests require a proper chain of custody to be established. Peace of mind tests does not require a chain of custody to be established. 

If you would like to learn more about IDTO DNA relationship testing services. Please do not hesitate to contact our office today at 888-204-0583 to get started.

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