DNA Testing for Family Reunification in Canada: Points to Consider

Yann Joly,Coline Bellefleur,Micheline Labelle,Roger Love,Palmira Granados Moreno,Idil Atak,Jacqueline Lacey,Hugues Langlais,Ida Ngueng Feze,Michèle Stanton-Jean,Janet Dench,Torsten Heinemann,Edward S Dove,Shahad Salman

doi:10.1007/s12134-016-0496-7

Abstract

Countries have adopted different laws, policies, and practices that allow immigration officers to request in certain cases DNA tests to confirm biological relationships in the context of family reunification. In Canada, Citizenship and Immigration Canada has adopted a policy of suggesting DNA testing only as a last resort in cases where no documentary evidence has been submitted or where the evidence provided is deemed unsatisfactory. However, in practice, there have been concerns on the increasing use of DNA tests in family reunification processes of nationals from certain regions including Africa, Asia, and Latin America. Moreover, the Immigration and Refugee Protection Regulations (IRPR) presents a biological definition of family as a determinant of parenthood in the context of family reunification that is inconsistent with the psychosocial definition used in provincial family laws. Although there are cases that can justify the request for DNA tests, there are also significant social, legal, and ethical issues, including discrimination and unfair practices, raised by this increasing use of genetic information in immigration. This policy brief identifies points to consider for policymakers regarding the use of DNA testing in Canadian family reunification procedures. These include (1) the need to refine the policy of “using DNA testing as a last resort” and its implementation, (2) the need to modify the definition of “dependent child” under the IRPR to reflect the intrinsic reality of psychosocial family ties, and (3) the importance of conducting more research on the use of DNA testing in other immigration contexts.

Highlights

Developments in genetic testing technology enable more accurate prediction of individuals’ future health and their unique identification (Baldassi 2007, p. 5; Joly et al 2015; Weiss 2011)
In Canada, as in many other jurisdictions (Heinemann and Lemke 2013, p. 811; Taitz et al 2002, p. 21), immigration officers can ask for DNA tests to prove biological relationships in the context of family reunifications, which refers to the possibility for an individual to reunite in Canada with a family member. (Citizenship and Immigration Canada 2007)1
Citizenship and Immigration Canada (CIC) has opted for an approach where DNA testing is to be suggested as a last resort when no documentary evidence has been submitted or when the evidence provided is deemed unsatisfactory (Citizenship and Immigration Canada 2013, p. 11; Citizenship and Immigration Canada 2006, p. 16)

Summary

Introduction

Developments in genetic testing technology enable more accurate prediction of individuals’ future health and their unique identification (Baldassi 2007, p. 5; Joly et al 2015; Weiss 2011). Current practices using DNA testing in immigration and the genetic or biological link required in the concept of Bbiological child^ could be considered discriminatory if their application results in otherwise unjustifiable distinctions based on national or ethnic origin, race, ethnicity or family, or civil status. 1523) Irrespective of potential human or technical errors, DNA test results can be devastating for the families involved, as they may cause additional important psychosocial challenges that may require counseling (e.g., a mother having to admit to family members that her child was the product of rape or of an extramarital affair) (Dove 2013) This is important in the context where DNA testing can uncover non-biological paternity unsuspected by the father. The following text presents a series of policy points to consider addressing the issues raised by the current DNA testing practice in Canadian family reunification process

Methods

Concluding Remarks