NY BANS DNA PATERNITY TEST

NY Post ^ | March 29, 2008 | SAMUEL GOLDSMITH

[neverdem]

An over-the-counter DNA paternity test now offers unknowing families peace of mind - in every state but New York.

Identigene, a Salt Lake City-based genetics company, released an at-home paternity test this month, giving mothers and their offspring a speedy answer to a difficult question.

Unsure mothers swab the inside of their child's mouth - and the mouth of the suspected father - then send the swabs to Salt Lake City for testing.

Three to five days later, customers can log on to a secure Web site to view the results. Identigene discards the DNA after six months, but keeps the results on file for five years.

But in New York, state law says DNA testing has to be court-ordered or prescribed by a doctor.

Identigene executive Doug Fogg says he's working with New York's Department of Health to get around the DNA-testing law, and hopes to have kits available on Big Apple shelves later this year.

The problem, he said, is New York considers DNA testing diagnostic, as opposed to a pregnancy test, which the state treats more like a thermometer.

"[Identigene] introduces a very convenient and affordable option for individuals looking to establish the paternity of a child," Fogg said.

"In fact, we're finding that many people purchased the kit for someone they know that needs the test," he said, noting that those types of purchases make up about 30 percent of their sales.

The DNA paternity test sells at Rite Aid stores across the country for $29.99, plus $119.99 for lab-processing fees. Running similar tests on other suspected dads costs extra.

The collection kit includes cotton swabs, containers for the samples and envelopes addressed to the lab.

Experts say the test is about 99 percent accurate.

"This is not designed for legal purposes," Fogg said...

[rmh47]

Toothbrush. Drinking glass or beer can. Cigarette butt. Blue dress. "Other body fluid". Not so hard to get DNA.

You are right, of course, if a forensic lab does the testing. I'm not sure that this inexpensive self-test would work with those items. Would the lab accept and test a toothbrush instead of the swabs provided in the test kit? Would they open themselves up to liability in such a case? I'll bet their lawyers will tell them not to do it.

These things will have to work themselves out over time and in the courts.

[Kozak]

You just swab the toothbrush, glass etc with the provided swabs and send em in. Either you got a good specimen, or the test will come up invalid, ie “No DNA found”.

[allmendream]

Of course it doesn't establish paternity to an unknown and untested quantity. DNA doesn't say “James Miller 1425 Oak Hill Drive”.

But the test IS capable of determining that the person who mom says is the father is NOT the father. Finding the “guilty party” is not the purview of the test, although if you got a DNA sample from yourself, your wife, and your ‘best friend’ (the likely suspect lets say) it would be additional confirmation that YOU dind’t pass the paternity test, but he DID.

That being said, about 70% of the people who purchase this test will in fact be relieved to find that they are the father of the child whose paternity they suspected. If someone suspects paternity enough to go get it tested, around 30% show that their suspicions were well founded.

But ‘paternity fraud’ is present in about 10% of the population, when you go out and look at them rather than waiting for them to come to you suspecting paternity (selection bias).

[Hildy]

think of all the tax money they could collect from the sale of the DNA kits.<

More than offset by all the children that will be on welfare.

[allmendream]

The mother's DNA helps to confirm the results. One half of mom, plus one half of dad = one child.

Say mom has traits A-B,C-D, and E-F. Dad has traits U-V,W-X, and Y-Z. Child is B-U,D-W,and E-Z. Paternity is likely.

Child is B-L, D-M, and E-O? Paternity impossible. You know the traits that show up in the child came from neither the father or the mother (L, M and N). It is harder (but not at all impossible) to do it from just the father and the child. But it takes more work because you don't know if something the child has that the father doesn't didn't just come from the mother. But if after checking a few loci where the child has two traits, neither of which is present in the father........well you begin to establish that he is not the actual father.

[Xenalyte]

Thanks for the explanation!

My thinking is that tests like this are rarely done to determine who Mom is. After all, Mom has the baby in her arms.

But then, I am totally willing to defer to the voice of knowledge, since I have zip to offer on this subject. :)

[TChad]

Toothbrush. Drinking glass or beer can. Cigarette butt. Blue dress. "Other body fluid".

"Honey, don't you want a nice, fresh stick of chewing gum? Just toss the old gum in this bag."

[TChad]

We all know that once he starts paying child support, he won’t be off the hook until child is an adult, regardless if the child is his or not.

Actually, I don't believe that is commonly known. I was shocked when I first heard it about ten years ago, and I am still not sure that it is true in all states.

[SauronOfMordor]

Fine if you’re in the Big Apple, but a little harder for folks in, say Syracuse or deep in the Adirondaks.

Buy it over the web. Or have an out-of-state friend buy it for you

[Sweet_Sunflower29]

My head hurts!

[allmendream]

Yes, maternity is rarely in question except for ‘switched babies’ and such. It is paternity fraud that is present in 10% of the population, maternity fraud is probably less than a fraction of one percent.

[SunkenCiv]

in New York, state law says DNA testing has to be court-ordered or prescribed by a doctor... The problem, he said, is New York considers DNA testing diagnostic, as opposed to a pregnancy test, which the state treats more like a thermometer.

Thanks neverdem.