Dear Sirs,
DNA testing without judicial approval is *illegal* in France. By proposing DNA tests to your clients based in France, you are putting your company at considerable risk. If I were you, I would put an immediate stop to the practice. Sincerely, Marc Shapiro
Marc, I don't live in France, but I think you are mistaken. While paternity tests are restricted, there isn't anything about genetic genealogy tests. You can check it in here, which specifically states that an examination of the genetic characteristics of a person can be undertaken for medical or scientific research: http://www.legifrance.gouv.fr/affichCode.do;jsessionid=004CBD3DCCA0F482A837DCD60D65F317.tpdjo12v_1?idSectionTA=LEGISCTA000006136513&cidTexte=LEGITEXT000006070721&dateTexte=20120728
Medicine is already starting to become DNA based. It would be irresponsible and illogical for France to ban the future of medicine and genealogy research on one's self.
From what I understand, the paternity dna test ban is one based on agreement. An normal paternity test involves two persons: the father and his son or his daughter. The agreement must be from the two persons and a baby can not give agreement, nor can the father give agreement for the child, thus a court of law is required to authorize it. These DNA tests do not require two parties to agree. It only requires you to test your own DNA, which is then comparable to other people for the purposes of research.
Here is where I was reading / copying from...
http://archiver.rootsweb.ancestry.com/th/read/GENEALOGY-DNA/2012-07/1343509795
Jeff, Thanks for the helpful link. I read it carefully, and it confirms that Geni is not allowed to propose DNA tests to French residents, for several reasons: because it is not for an allowed purpose (medical or research, identifying a dead body), is not authorized by a judge, and is not performed by an approved expert. In more detail:
It is for medical or research. It's not for determining who's your daddy, which is the intent of the French law. In any case, the point is moot as Geni is not governed by French law - it's out of their jurisdiction and it is completely legal for Geni (a U.S. company) to offer it. In addition, they're not the ones doing the tests - it's a partner company and Geni is just offering it to their members as a discount and plan to allow integration of the results with the genealogy software. So in any case, the French citizens will have to be responsible for adhering to their own laws, which if true, is completely ridiculous.
Hi Marc,
Thanks for your concern. Please note we do not offer DNA tests to users in France. In fact, users cannot even ship a DNA test to France.
Thanks Amanda, guess I went a bit overboard.. Sorry
@Amanda: "Please note we do not offer DNA tests to users in France": I did receive the offer despite living in France.
Hi Marc,
The email was sent to you by mistake. You should not be able to see the DNA pages when you log in to your account. If this is not the case, please let me know.
Wow, France is even more messed up than I thought. Way to not let people make their own decisions about their own health information.
@Scott: "Wow, France is even more messed up than I thought": Don't you think you should try to find out before summarily passing judgment on a whole country? If, perhaps, there was a rationale to the ban?
As far as I understand (and I don't know much about the law), family law in France has always been based on the premise that human relations are more important than biology -- your parents are the people who raised you, even if not biologically related. Furthermore, paternity tests are considered a violent intrusion into people's privacy.
Marc, that's fine if the law says that no one else can force me to test my DNA. But also saying that I don't have the choice to see my DNA myself is an assault to my individual rights. Exploring my own DNA is not the same as the government forcing me to get a DNA test. If I choose to do the test myself, how am I invading my own privacy? In face, not letting me do the test is an invasion of my personal rights.