DNA Testing Legal Issues

The DNA tests performed on DNA specimens collected with the EASY ANSWERS DNA test kit are conducted following the highest quality control and quality assurance standards in the industry. The specific DNA tests are the same as used by the FBI, state crime labs, and child support enforcement agencies (e.g., child support cases) for their case studies to determine genetic identity. These genetic identity tests are widely accepted throughout the legal and scientific communities.

Distinct advantages of the EASY ANSWERS DNA test kit are that it allows for the self-collection of DNA specimens and that this can be done with a level of privacy that is determined by you, the customer. The DNA test kits are designed to allow persons, if they choose, to collect specimens in the absolute privacy of their home. For many people home collection is the preferred method to resolve what could be a personal and sensitive issue. In this situation the EASY ANSWERS kit can provide a valuable opportunity for individuals who just want to know and are not committed to obtaining results for a legal proceeding. After obtaining results from the DNA test, an informed decision can be made based on the same quality testing as conducted for investigative agencies and relied upon by judges.

In most cases, when collecting DNA specimens in the privacy of your own home, you will forfeit the ability to use the results in a legal court action. Admissibility of results in a legal court requires that a verifiable chain of custody regarding the collection and handling of the specimens be provided. This is not usually possible when collecting specimens in your home and in private.

The chain of custody documents and whereabouts of evidence from the point of origin or discovery to the person or persons ultimately responsible for the evidence. In this case the evidence refers to the specimens that will be submitted for DNA testing. The chain of custody documentation provides assurance to the court evidence (specimens) has not been tampered with and can be accepted at face value. The court relies on this documentation to give credibility to the evidence. This documentation sometimes requires affidavits and/or verification by a notary for all persons collections and handling the evidence. At the very least, a third disinterested party to test, preferably a professional, should witness the specimen collection and the mailing of the specimens to DNA Security, Inc.

For those individuals that anticipate submitting their test results to a court or that are already committed to a legal proceeding, a standard chain of custody documentation form is included with the EASY ANSWERS specimen collection kit. A third, disinterested party will be required to supervise and bear witness to the DNA specimen collection from each of the individuals that will be tested and then complete the chain of custody documentation. It is very important to note that the chain of custody documentation is only as good as the credibility of the person witnessing the collection and completing the documentation. For this reason it is recommended that a professional (such as a nurse, physician, or lawyer) perform this function. It is also helpful to include a notary public as a witness. It will be difficult for a judge to accept the validity of chain of custody documentation that is competed by your best friend, co-worker, or relative. These individuals may be very honorable and trustworthy but they will not be considered disinterested parties to your case.

For the chain of custody documentation process all parties of legal age will be required to provide valid picture identification (preferably a driver's license) and sign a statement attesting to their identity. The supervising professional will be required to complete all documentation, package the specimens, and then immediately forward them directly to DNA Security, Inc. for processing. Upon arrival at DSI, any evidence that the package or specimens are tampered with will be noted in the records and this will invalidate the chain of custody and jeopardize the legal admissibility of the test results.