DNA viability testing for court

In this article, we take a closer look at DNA viability testing for court, how viability testing is performed, and when a viability test can be useful for legal matters.

Read the full article below.

What is DNA viability testing?

A DNA viability test is usually performed where an individual is not available to provide a cheek swab sample for DNA testing.

For a DNA viability test – also referred to as a viability study – our in-house scientists will typically work with an individual’s nail clippings to extract a viable DNA profile for the purposes of performing a DNA relationship test.

For example, if the person in question has passed away, and a living relative wants to perform a DNA relationship test, a sample of the deceased person’s nail clippings (usually toenail clippings) or less often, tissue or blood, could be used to obtain a viable DNA profile, provided the next of kin has given consent for their DNA to be used in testing.

If a genetic profile can be obtained from the nail clippings, tissue or blood sample, a DNA relationship test can then be performed in the usual way, by analysing and comparing two or more DNA samples to identify matching DNA markers.

If the individuals share enough DNA markers, this indicates a biological relationship. If they do not share enough DNA markers, this means the individuals are unlikely to be related.

What samples are needed for a legal DNA viability test?

The samples needed for a DNA viability test (viability study) can vary, depending on the reasons for the court ordering a viability DNA test or DNA relationship test.

For most DNA relationship tests such as paternity and maternity tests, a cheek (buccal) swab is rubbed quickly and painlessly on the inside of each donor’s cheek to collect cheek cell DNA.

These samples are then compared in the laboratory to identify matching DNA markers (loci) and determine whether the individuals being tested are biologically related.

However, in certain circumstances where it is not possible to collect a cheek (buccal) sample for testing, a DNA viability test may be required to extract a genetic profile from an alternative sample.

Alternative samples used to perform DNA viability testing for court include fingernail clippings or toenail clippings, tissue or blood.

If a genetic profile can be obtained from these alternative samples, a DNA relationship test can then be performed in the usual way, by comparing two or more DNA samples in the laboratory to identify matching DNA markers and either verify or rule out a biological relationship.

Is consent needed for legal DNA viability testing?

Yes, consent is always needed to perform any kind of DNA test, including DNA viability tests.

Any person aged 16 or over must provide their own consent for their DNA samples to be used for DNA testing.

For a child under the age of 16, consent must be provided by a person with guardianship for the child.

The rights to guardianship are set out in Section 6 of the Guardianship of Infants Act 1964.

Under Irish law:

• All birth mothers, whether married or not, have automatic guardianship for their children. This only changes if the child is given up for adoption
• Both married parents, including parents of an adopted child, have guardianship. This applies whether the couple marry before or after the child’s birth
• If the parents of a child marry after the birth, the father automatically becomes a joint guardian of the child, provided that the father’s name is on the birth certificate
• An unmarried father has guardianship if he has lived with the child’s mother for 12 consecutive months after 18 January 2016, including at least three months with the mother and child following the child’s birth

Other ways of getting guardianship rights can be found here and here.

When DNA testing involves a deceased person, consent must be provided by the next of kin to collect a sample for testing.

When is viability testing useful for legal matters?

Whatever the reason for the court requesting a DNA relationship test or a viability study, the test must be performed by an accredited DNA laboratory for the results of any subsequent DNA relationship test to be admissible in court.

Furthermore, samples must be collected under strict chain of custody conditions to reduce the possibility of tampering and ensure samples are collected from the right people.

When testing the DNA of a deceased individual, the samples are collected by the coroner or funeral director, who will complete a declaration form at the time of sample collection to maintain chain of custody.

There are many circumstances where a DNA viability test might be useful for legal matters, including:

Wills and probate

Where a living relative needs to provide proof of a biological relationship to be recognised as a beneficiary of the deceased person’s estate.

For example, if a child wanted to prove that a deceased man is their biological father to claim inheritance, a DNA viability test using nail clippings, tissue or a blood sample may be required to retrieve a genetic profile and perform a paternity test.

If a profile is retrieved, a paternity test can then be performed in the usual way using a cheek (buccal) cell sample from the child and comparing it to the deceased man’s DNA profile.

When performing a legal DNA viability study that involves a deceased person, the next of kin must provide consent for the deceased person’s DNA sample to be tested.

Paternity disputes

A major benefit of DNA viability testing is that it provides a discreet method of sample collection.

For example, if the court requires a paternity test to be performed on an older child (under 16 years of age), a sample of the child’s nail clippings may be easier to obtain, if a cheek swab sample could lead to awkward questions.

It is important to note that consent is still an important factor for DNA viability testing and subsequent DNA relationship tests.

Any person aged 16 or over must provide their own consent for their DNA sample to be used for testing.

For children under 16 years of age, consent must be provided by an adult with guardianship for the child.

Where can I get a DNA viability test for court?

AlphaBiolabs is a long-established, highly regarded, and accredited laboratory, with over 20 years’ experience providing court-approved DNA testing for family law professionals, social workers, immigration solicitors, and private individuals who need court-approved testing for legal or official purposes.

Our legal DNA testing follows strict procedures to maintain chain of custody, meaning that our results are court-approved, admissible in Irish Family Court proceedings, and accepted by the Irish Immigration Service.

For expert advice on which DNA test is best for your client, call us on 01 402 9466 or email info@alphabiolabs.ie and a member of the team will be in touch.