The HTA and paternity testing

What is the Human Tissue Act 2004and how does it affect people wishing to carry out a DNA test within the UK? In the UK, there are certain laws, or rather provisions, with respect to activities involving human tissue which one must be aware of in order to avoid infringement of the law and the harsh penalties which could ensue.

This set of provisions fall under what is known as the Human Tissue Act (HTA). The Act applies to England, Wales and Northern Ireland. When it comes to Scotland, only certain provisions of the Act apply (namely those related to DNA testing). The non-departmental public body (NDPB) in charge of this storage and regulation is known as the Human Tissue Authority.

Collecting human tissue

Collecting human tissue is collecting a very personal piece of data which can be used to help somebody but also to their detriment. From our DNA, scientists can discover whether we are in good genetic health, perhaps have an idea of what we disease could die of, determine biological links with other human beings, establish the extent or risks children born to that person might have based on the genetic profile of the mother or father, learn our ancestral origins, find out whether a woman will have the menopause early or later in life - the list goes on.

A person's identity can be said to be encoded in their DNA and the Act ensures to retain, protect and preserve a person's personal data and their genetic identity.

DNA theft

DNA theft is the non-consensual collection of DNA samples or human tissue and the notion of consent is an integral part of the Act. We can thus, sum up the HTA in one simple sentence: consent is required by the person from whom the sample has been collected in order for that sample to undergo any type of testing. The HTA website states this: 'It is unlawful to have human tissue with the intention of its DNA being analysed, without the consent of the person from whom the tissue came.'

DNA testing companies, such as easyDNA UK, provide sample submission forms which need to be filled in and signed by all test participants. In this way, they try to curb the risk of DNA theft and the chance of non-consensual testing. Children who are under the legal age of consent can have their legal parent or guardian sign on their behalf.

DNA theft and gene theft are terms which have been coined over the recent years, making their way into law journals and books and becoming parts of accepted legal terminology.

The Act however ensures this does not happen in the UK where non-consensual DNA sample collection and analysis by private third parties is criminalised. However, most jurisdictions, including the US, do not recognise DNA theft as a crime. It is a completely unregulated market where there is an uncontrolled exchange of human tissue samples.

DNA theft is rampant, especially when it comes to people requiring a DNA test. This is because in many cases people wish to carry out the test in a discreet or covert manner. Companies offer what they call 'discreet or secret DNA testing' in order to meet this new trend in consumer DNA testing needs.

Infidelity testing

For example, a father may doubt he is the biological father of his child and wish to establish the truth with a DNA test. In some instances, he may collect a sample from the child and send this off for testing along with a sample of his own. Further to paternity tests and relationship tests, there is a huge demand for infidelity DNA testing.

An individual may find a suspicious stain or item which they think contains the genetic proof of marital infidelity - they can send this sample off for testing to determine whether there is male or female DNA, whether the sample contains multiple profiles belonging to different people or request a more in-depth analyse which could help confirm or disprove their suspicions.

Thus, in order to quench their doubts, people scout around for samples they can use for DNA tests, snooping secretly among other people's belongings or even in trash cans to find something that might be suitable for analysis; a used tissue, a band aid, a condom or a few nail clippings to mention very few. Any company selling a DNA test in the UK will inform the prospective client of the Human Tissue Act if they are a serious, law abiding company.

Sarah White specialises in the field of DNA and Genetics