Ethical, Legal and Social Issues in Japan on the Determination of Blood Relationship via DNA Testing

Waki Toya

doi:10.1007/s41649-017-0009-9

Abstract

DNA paternity testing has recently become more widely available in Japan. The aim of this paper is to examine the issues surrounding (1) the implementing agency, whether the testing is conducted in a commercial direct-to-consumer (DTC) setting or a judicial non-DTC setting, and (2) the implementation conditions and more specifically the legal capacity of the proband (test subject). Literature research in Japanese and English was conducted. Some countries prohibit commercial DNA testing without the consent of the proband or her or his legally authorized representative. But as in some cases, the results of DTC paternity testing have proven to be unreliable. I propose a complete prohibition of DTC DNA paternity testing in Japan. In many cases of paternity testing, the proband is a minor. This has led to debate about whether proxy consent is sufficient for paternity testing or whether additional safeguards (such as a court order) are required. In cases where commercial DNA testing has been conducted and the test results are produced in court as evidence, the court must judge whether or not to admit these results as evidence. Another important issue is whether or not paternity testing should be legally mandated in certain cases. If we come to the conclusion that DNA test results are the only way to conclusively establish a parent-child relationship, then our society may prioritize even more genetic relatedness over other conceptions of a parent-child relationship. This prioritization could adversely affect families created through assisted reproductive technology (ART), especially in situations where children are not aware of their biological parentage. This paper argues for a complete prohibition of DTC DNA paternity testing in Japan, and highlights that broader ethical and legal deliberation on such genetic services is required

Highlights

With DNA paternity testing, a scientific expert has the role of confirming blood relationship between a parent and a child
Its mounting popularity in recent years has resulted in the questioning and evaluation of the accuracy of DNA analysis, including the genetic polymorphism test that indicates the presence or absence of a blood relationship
I discuss the influence of a growing popularity of DNA paternity testing for the parentchild relationship in the context of certain forms of Assisted Reproductive Technology (ART)

Summary

Introduction

With DNA paternity testing, a scientific expert has the role of confirming blood relationship between a parent and a child. Justifications for the prohibition against secret DTC paternity testing include concerns about the reliability of samples taken without the permission of the proband, the ethical issue of genetic testing without consent and the negative impact of test results on innocent parties involved. While some commercial DNA testing agencies follow the METI guidelines, there is no way to confirm how the interests and welfare of minors in Japan who undergo paternity testing are safeguarded. The decision of a mature minor with sufficient understanding of the implications of paternity testing should be recognised as having the legal capacity to decide on whether to undergo the test or not These Supreme Court judgments reflect a position that respects privacy and supports the right to self-determination. Easy access to DTC parentage testing kit could result in greater harm to the child

Conclusion

Findings

Compliance with ethical standards