Oakland, CA asked in Family Law, Health Care Law and Civil Rights for California

Q: Can a relative(mom in law) get a dna test & use it on my child without her parents or the childs consent?(stolen dna)

This happened to a random woman on facebook that I do not know. I'm not even sure which state she is in. I'm just curious if there would be any precedent or law in any state/s that would label this as criminal activity? Or would this be something that in most states you could just do? I'm assuming kid was at MIL's house and MIL used her toothbrush or soda can spit or something and then compared it to her own in a DNA test but I don't actually know.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, unauthorized DNA testing without informed consent could be considered an invasion of privacy under the state's civil laws. Depending on the circumstances, taking someone's DNA without permission may also be subject to criminal penalties for theft or fraud. Anyone concerned about unauthorized DNA collection should consult with an attorney for advice tailored to their specific situation.

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