Ordering a DNA test in France is a crime punishable by heavy fines and jail time

Maciamo

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This is not a joke. Read this article. I have had confirmation from official French websites that this was entirely true. If you order a paternity test via the Internet or by telephone in France, you risk a year in prison and a fine of € 15,000 (Article 226-28 of the Penal Code).

Practically any DNA test can be construed as a paternity test, even if it is not advertised as such. Anybody can disprove a man's paternity by comparing even very limited segments of DNA between two individuals. The only DNA test that wouldn't count as paternity test would be an mtDNA test (as mitochondrial DNA is only inherited through one's mother). Even an extremely basic test for a single mutation could in practice happen to disprove a paternity event, if the presumed father and son are homozygous for different alleles (e.g. the presumed father has the CC allele while the son has TT). The last example will only be conclusive in a minority of cases, but can still be regarded as a form of paternity test.

Since there is no probation possible for a paternity test (once you know, you know, and it cannot be undone), the jail sentence provided by the law cannot be converted into a suspended sentence. French judges also happen to have much less freedom to interpret the law as in countries using common law (i.e. in most of the English-speaking world). A French judge has to enforce the law the way lawmakers enacted it. In other words ordering a DNA in France will inevitably land you in prison if you are found guilty.

With this ridiculous legislation, France, the so-called land of Human Rights, is breaching some of men's most fundamental modern rights:

- the right of knowing one's genome, knowing who one is.
- the right of knowing one's genetic risks for diseases.
- the right of knowing for sure that a man is the father of his children
- the right of knowing if one was adopted
- the right to search for one's biological parent(s)
- the right to use genetic genealogy to complete one's paper genealogy.
- the right to know one's genetic make-up from a population genetics's point of view (knowing one's "ethnic admixtures" and where one fits in the world's genetic landscape).


It is time that French lawmakers put an end to this absurdity. What I cannot understand is how the French people, known for going on strike and staging nationwide demonstrations at the drop of a hat for much less serious infringement of their rights, and sometimes even for necessary reforms, have never objected to this serious breach of rights. How can the French gather millions of demonstrators for or against gay marriage (which concerns only a small minority of the population), but not fight for the essential rights listed above. How can a man ever love and care about his children without knowing if they are truly his ? And how can you invest in a proper upbringing and education of your kids if you don't know for sure they are yours ? It may sound cynical, but the figures don't lie. In any country, whatever the culture, religion, or degree of sexual freedom, at least a few percent of all children born under wedlock are not the husband's biological children. France has long been one of the most libertine countries on Earth, so French men should be more concerned than others about their presumed paternity.
 
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As you put it, it is truly absurdity.
I wonder if this law extends to dead people, and tests on ancient bones will be allowed in France.
 
As you put it, it is truly absurdity.
I wonder if this law extends to dead people, and tests on ancient bones will be allowed in France.

DNA tests are allowed for research purposes. Anyway, so as long as the DNA tested belongs only to a dead person it cannot be an issue since only a person alive taking a DNA test can go to jail. As there need to be at least two people tested for a paternity test, I wonder if both would be equally sentenced or only the person who ordered and paid for the test. And what if a third unrelated person is the one ordering and paying for the test ?
 
As there need to be at least two people tested for a paternity test, I wonder if both would be equally sentenced or only the person who ordered and paid for the test. And what if a third unrelated person is the one ordering and paying for the test ?
I think you found a loophole. If third person is not french citizen it cannot be prosecuted. Well, at least if he never go to France.
 
What about ordering from a nearby country? e.g. Belgium, UK, Germany?
 
What about ordering from a nearby country? e.g. Belgium, UK, Germany?

AFAIK France is the only country in the world where DNA are prohibited. It is not just prohibited for French companies to sell paternity tests, but also for anyone in France (French citizen or foreign alike) to order such tests, even from another country.

In Germany only 'secret paternity tests' are illegal (meaning without the consent of the child or its mother). Personally I cannot see how a mother who refuses her partner to take a paternity test for their offspring can be trusted. If she doesn't have anything to hide, the mother should always agree to a paternity test.

France is also one of the few developed countries where artificial insemination or medically assisted procreation are illegal for single women as well as for some married women (namely lesbians, since gay marriage is now legal in France, but not IVF for gay people). I have recently pointed out a number of reasons why France could be regarded as backward in terms of system and legislation.

There is one essential flaw in those French bans. French people are actually free to go abroad to take a DNA test or conduct artificial insemination. They won't be prosecuted as long as these do not take place on French soil. That is not true of every country. For example Turkey has banned trips abroad for artificial insemination and those who do face possible criminal charges.

It would be interesting to know whether Turkish immigrants to, say Germany, who have kept their Turkish nationality, could be prosecuted for conducting artificial insemination in Europe if they ever decide to visit Turkey, based on the fact that they are still Turkish citizens and should therefore respect Turkish laws, even if they have never lived there. After all, US citizens must respect US laws and even pay their taxes in the USA even if they were born outside the USA and never lived in the US in their life. Being the citizen of a country does not only have advantages.
 
I think you found a loophole. If third person is not french citizen it cannot be prosecuted. Well, at least if he never go to France.

This is not certain. After checking, the French law actually says that it is illegal to search or divulge information about a person's identity through genetic fingerprints. So the interdiction is much wider than just taking or ordering a DNA test. Anybody who seeks to find genetic information about oneself or somebody else can be prosecuted, even if they fail. Anyone who helps in the search of identity or provides the genetic information (for example the testing company) will also be prosecuted. Not only is the law absurd, it is amazingly wide ranging in its implications.

You are right that a third person ordering the test cannot be prosecuted if they are not French and never set foot in France (even for transit at the airport), but the people whose DNA is tested will be prosecuted anyway because they are the one seeking the genetic information or trying to prove a paternity. So French people are fùcked no matter what. Unless, as I said above, they can prove that they did the DNA test while they were not in France (but they would probably need a proof of residence in another country if it is in the EU, as the open borders have removed the stamps on the passport proving that they have left France).
 
Any ideas why the French government would want to restrict paternity tests?
 
Any ideas why the French government would want to restrict paternity tests?

Maternity is naturally obvious for the mother, whereas paternity is not for the father. By the way, this is the root cause of patriarchal societies, imho.
Until 2008 in Germany it was forbidden for a man to make a paternity test without consent of the mother, which is nonsense because exactly in case of justified doubt the mother would not comply. But 15%-50% of men who had doubts about their child's ancestry were right. It was changed in 2008 due to public pressure and it was claimed to have been an accidental legal gap since 1998, which I don't quite believe.
 
Maternity is naturally obvious for the mother, whereas paternity is not for the father. By the way, this is the root cause of patriarchal societies, imho.

Im aware of all that, it still doesn't explain the French government's motives. Is it to protect women who had to lie to their husbands? Seems pretty ****** up.
 
Im aware of all that, it still doesn't explain the French government's motives. Is it to protect women who had to lie to their husbands? Seems pretty ****** up.

I don't know whether it is intentional, but it is effectively the result. It could have something to do with the financial child support in case of divorce.
 
I find this an extremely odd situation.
So, this would,no doubt mean, that a woman might simply prove she had an intimate relationship with a man and claim the offspring as his. The child would then be entitled to financial support from said father and also to inherit whatever resources he may have upon his death, be it money or estate.....that`s a bit off.

It seems the only reason the French have for this nonsense law is, paternity tests may cause friction within the family. Well if one is in doubt regarding being the father of the child his partner has had, there surely would already be ripples in that relationship I might think.
 
I don't know whether it is intentional, but it is effectively the result. It could have something to do with the financial child support in case of divorce.

I thought this also, but does it not apply to any couple, say a man and woman who just dated a while, or have I got that bit wrong? Is it only applicable to married couples? [ which doesn`t make it any better, naturally.] It just seems very peculiar.
 
I find this an extremely odd situation.
So, this would,no doubt mean, that a woman might simply prove she had an intimate relationship with a man and claim the offspring as his. The child would then be entitled to financial support from said father and also to inherit whatever resources he may have upon his death, be it money or estate.....that`s a bit off.

It seems the only reason the French have for this nonsense law is, paternity tests may cause friction within the family. Well if one is in doubt regarding being the father of the child his partner has had, there surely would already be ripples in that relationship I might think.

Actually there is one exception to the law: when the paternity test is ordered by a court. That's the only case when it is allowed in France. In other words a man needs to sue his wife or threaten divorce in court if we wants to get a paternity test. No need to ask why the system is like that. It's good business for lawyers. That's all.
 
I thought this also, but does it not apply to any couple, say a man and woman who just dated a while, or have I got that bit wrong? Is it only applicable to married couples? [ which doesn`t make it any better, naturally.] It just seems very peculiar.

In France the father of children born from a married woman is always assumed to be the husband. French law seems to be protecting men who have extramarital affairs from having to pay child support if one of their 'conquests' falls pregnant. The woman will never be able to prove the paternity since they are not married and cannot order a DNA test to prove who is the father. Married men and women have nothing to gain from this system. It only benefits and protects philanderers. It's a very medieval system.
 
I thought this also, but does it not apply to any couple, say a man and woman who just dated a while, or have I got that bit wrong? Is it only applicable to married couples? [ which doesn`t make it any better, naturally.] It just seems very peculiar.

Maybe the background in France is different than in Germany, Maciamo's explanations make sense to me.
In Germany it was the cheating wifes who were protected until 2008, because husbands could been sentenced to pay a lifelong support after divorce despite the wife was responsible, but they could not prove it.
 
"Any paternity testing without a court order is banned, due to the official desire to "preserve the peace" within French families, with the French government citing psychologists who state that fatherhood is determined by society rather than biology. French men often circumvent these laws by sending samples of DNA to foreign laboratories, but risk prosecution if caught. The maximum penalty for carrying out secret paternity testing is one year in prison and a 15,000 fine." http://en.wikipedia.org/wiki/Parental_testing

I doubt genetic testing for genealogical research and not specifically for a paternal test would be prosecuted. I think if the court found the genealogical test being used for purpose of paternity, then the subject could be prosecuted.

Does FTDNA allow geneologic testing in France? Will they send tests through the mail, and receive samples? If the law was for all genetic testing, then FTDNA would have a policy not to do business with France.
 
Maybe the background in France is different than in Germany, Maciamo's explanations make sense to me.
In Germany it was the cheating wifes who were protected until 2008, because husbands could been sentenced to pay a lifelong support after divorce despite the wife was responsible, but they could not prove it.

I was just thinking if it applied across the board, then a man could after dating some girl for a time, be introduced to his "offspring" and be expected to help put the child through school..and on his death, even if he had no further contacts with woman or child, find his estate divide between this child and any future children he might have with a future wife.

That aside, I wonder we are only hearing about this law now. It is ridiculous that a person cannot know his DNA grouping or perhaps lineage, especially in these times when such things are so popular. Seems the French aren`t so avant-garde in this respect.
 
In France the father of children born from a married woman is always assumed to be the husband. French law seems to be protecting men who have extramarital affairs from having to pay child support if one of their 'conquests' falls pregnant. The woman will never be able to prove the paternity since they are not married and cannot order a DNA test to prove who is the father. Married men and women have nothing to gain from this system. It only benefits and protects philanderers. It's a very medieval system.

I see. That`s just absurd . However I wonder why the French themselves do not have more to say on the subject? Surely it can`t be case of.."we are French, and that`s all we need to know" ?
 
Actually there is one exception to the law: when the paternity test is ordered by a court. That's the only case when it is allowed in France. In other words a man needs to sue his wife or threaten divorce in court if we wants to get a paternity test. No need to ask why the system is like that. It's good business for lawyers. That's all.
I only just saw this reply. Of course, the lawyers...
 

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