If you are a detective series enthusiast, you probably think they only use DNA to track down and identify criminals. The truth is people use DNA in various legal processes. For a court DNA test to be admissible in a trial, it must meet specific requirements. First, only laboratories registered and authorised by the laws of a country can perform such tests. Second, a certified third party must take the samples. For example, if a judge requests a legal paternity test for two people, both the child and the possible father must come to a meeting location arranged in advance by the laboratory. The commissioned person collecting the samples will take pictures of each of them during the test and record all the information. The samples will be guarded until they reach the laboratory facilities to avoid any alteration.
In which legal processes are DNA required?
Although DNA is most often used in paternity or child support cases, there are other legal proceedings in which a judge requires the results of a DNA test to issue a verdict. For example, if a person claims an inheritance, but was not registered by a parent, the judge will request that siblings or other relatives of the deceased parent provide DNA samples. Using the samples for DNA testing, the laboratory can certify eligibility for granting rights to the inheritance. Likewise, some countries also require a person to certify a biological link to a citizen to qualify for nationality. In short, since DNA cannot be falsified or altered, judges often employ it to get a more accurate overview of the facts and to render a proper verdict.
The decision is final
In some legal proceedings, a person can appeal the judge’s decision. Once a laboratory issues the results of a DNA test, however, they are final. If the judge decides to entitle a person to an inheritance because of its consanguinity to the deceased parent; the law will not allow any appeals because there is no room for misinterpretation. That does not mean people cannot object to a judge’s verdict every time they use DNA testing. There is evidence of judges ceding rights to a parent based on the results provided by the laboratory but later retracting the decision when they discovered that the parent in question was not fulfilling parental obligations. The only thing that cannot be changed is the DNA test results. As an additional piece of advice, always seek the advice of a professional lawyer to guide you in this type of situation so that you do not misunderstand anything.
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