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DNA Paternity Testing : an Analysis of Forensic Aspects Helix Vol. 1:487- 490 (2014) DNA Paternity Testing: An Analysis of Forensic Aspects *1Archana Tripathi, 2 S.B. Upadhyay 1, 2 Forensic Science Laboratory, U.P., Mahanagar, Lucknow-226006 Telefax: 0522 2336232, *Email: [email protected] Received: October 1st 2013, Accepted: November 5th 2013, Published: January 1st 2014 Abstract: twins have almost exactly the same DNA DNA testing is currently the most advanced and sequence. The tests do not look at the accurate technology to determine paternity. It has information in the genes but instead examine come a long way from application in non-coding DNA that separated the genes along immigration case to identification of foetus of the chromosomes. Specifically the DNA is rape victims and missing persons/ deceased. examined where there are large numbers of DNA paternity testing in forensic casework is repeated sequences of letters along its length The greatly based on comparison with reference pattern of different numbers of STRs at certain biological samples of close blood relatives. The sites on the chromosomes are used to create a choice of reference samples depends largely on DNA pattern or DNA fingerprint. Short tandem the authenticity of biological relationship with repeat (STR) technology is used to evaluate the individual in question. However, in certain specific regions (loci) within nuclear DNA. conditions the relationship may not be Variability in STR regions can be used to biological. Today with the advent of new distinguish one DNA profile from another. DNA reproductive technologies like IVF, surrogacy profile for a multiplex of 15 autosomal STR etc, it becomes imperative to review the markers is generated and obligatory alleles are problems in forensic paternity testing for legal compared with parents/ siblings/ close relatives. remedies in future. The Y chromosome is passed directly from Key Words: DNA, Forensic Paternity Testing, father to son, so analysis of genetic markers on Authentic Reference Samples, Privacy Concerns. the Y chromosome is especially useful for tracing relationships among males. Introduction: DNA paternity testing determines the biological Forensic Investigation: father-mother- child relationship between a man, DNA testing is currently the most advanced and woman and a child. Every individual's DNA or accurate technology to determine parentage. genetic fingerprint is unique except for identical Increasingly it is being undertaken to determine (monozygotic) twins. The DNA of an individual parentage or other family relationships. To does not change once it is formed at conception. determine paternity, traditionally the alleged The DNA paternity test compares the DNA father, the child and (if desired) the mother fingerprints between the tested man/woman and participate in the DNA test. The DNA paternity child to determine if the child inherits his/ her testing results have been used as a piece of legal DNA. evidence for support, inheritance, social welfare benefits, immigration, or adoption purposes. DNA profiling or fingerprinting is a technique Some choose to find out paternity before the by which an individual can be identified at the child is born i.e. prenatal paternity test. DNA molecular level. Portions of DNA structure are paternity testing also has legal importance for as unique to each individual as finger prints. offsprings of rape victims. Some never need to Alec Jeffrey’s and his colleagues who made use the testing results for legal purposes and may these revelations named the process for isolating not want to involve a third party in the specimen and reading these DNA markers as" DNA collection process, choose a curiosity DNA fingerprinting." The chance that two unrelated paternity test which allows them to collect their people have an identical total DNA gene own specimens with complete privacy. Until sequence is at least 1 in 6 million. Monozygotic recently, DNA testing was primarily paternity 487 Copyright © 2014 Helix ISSN 2319 – 5592 (Online) Helix Vol. 1:487- 490 (2014) testing that is establishing whether a man had or fatherless maternity, incest, cases involving fathered a child. Identification DNA testing is mutations and full siblings impersonating as also being used as an aid in identifying victims parent/child, testing with multiplexes of 15 of crime, natural or other disasters i.e. missing autosomal STR loci becomes difficult. 21 person identification or disaster victim autosomal STR loci were utilized in a case to identification (DVI) Thus, it is evident that identify the true father between two brothers by forensic DNA paternity testing may involve Goodwin et al . establishment of paternity of an individual or reverse paternity testing for identification of the Authenticity of the relationship of the donor of deceased. reference samples should be clear. Donor having Material and Methods: biological relationship with the child or Comparative method was used for evaluating individual is more important than legal or social qualitative data. relationship. In forensic DNA paternity testing the donor of the reference sample - Results and Discussions: (a) may know true relationship with the Reference Samples and Biological Aspects individual i.e. adoption, step relation, ART; In a kinship case, to generate an autosomal DNA profile, the indirect reference samples of the (b) may know true biological relationship like following are required. false paternity (may or may not disclose) ; Either or both biological parents Biological mate of the victim and their (c) may not be aware of true biological children. relationship i.e. child swapping , surrogacy/ IVF. Biological full siblings, sharing the same parent as victim. Step relationship usually known can be Mitochondrial DNA or Y-Chromosomal markers disclosed. Adoption of child / individual if well can be also employed respectively with distant documented and known can be disclosed. In relatives for maternal or paternal lineage in certain cases of adoption however, the biological absence of close relatives. The authenticity for parents of child may be unknown. biological relationship of the donors is however crucial. It is expected that donors have the same New reproductive technologies employ donor biological relationship as presumed and egg, sperm, or surrogates. Children conceived monozygotic or close relatives are not involved. through Assisted Reproductive Technologies (ARTs) may have five parents i.e. (i) genetic Occurrence of a rare spontaneous tetragametic father donating the sperm (ii) genetic mother chimera formed by merging of embryos in the providing the egg (iii) surrogate mother and (iv uterus can lead to false interpretation as mixed & v) two parents who have no biological pattern of different genotypes can be obtained in connection but who commission others to start a an individual. Maternity in most cases is not in family. Anonymous donations lead to several doubt hence any discrepancy can be checked by half -siblings unknown to one another. Fertility collecting samples of different tissues from the clinics may not conceive the woman with her mother. However in case father is a chimera with husband's sperm. ART clinics may not keep on different genetic makeup in sperm and blood record DNA fingerprints of the donor, child, cells he can be falsely excluded. In cases of in surrogate. vitro fertilization incidence of tetragametic chimerism may rise due to close contact of False paternity situations make DNA paternity embryos. testing difficult as establishing identity of missing or deceased may also raise ethical Closely related individuals like parent/child or problems for the mother. full siblings share more obligatory alleles than unrelated individuals making forensic paternity testing difficult. In cases of motherless paternity 488 Copyright © 2014 Helix ISSN 2319 – 5592 (Online) Helix Vol. 1:487- 490 (2014) Child swapping of which the donors may not be Constitution of India). Court also feel that aware of and hence the biological relationship of such an order may violate the right of an the child/ individual unknown. accused person protected under Article 20 of the Indian Constitution 5. As per the Surrogacy is an arrangement in which a woman Hon'ble Supreme Court's landmark carries and delivers a child for another couple or judgement (Gautam Kundu v/s state of West person. The surrogate may be the child’s genetic Bengal) the observations are as follows- mother (traditional surrogacy) or she may be 1- Courts in India cannot order blood test as a genetically unrelated to the child (gestational matter or course. surrogacy). In a traditional surrogacy, the child 2- Whenever applications are made for such may be conceived via home artificial prayers in order to have roving inquiry the insemination using fresh or frozen sperm or prayer for blood test cannot be entertained. impregnated via IUI (intrauterine insemination) 3- There must be a strong 'prima facie''case in or ICI (intracervical insemination). In that the husband must establish non access gestational surrogacy intended mother's egg (not in order to dispel the presumption arising able to carry due to hysterectomy, diabetes, under Sec. 112 of Indian Evidence Act. cancer etc. and father's sperm are used to create 1872. an embryo (via IVF) which is transferred into 4- The court must carefully examine as to what and carried by the surrogate mother. would be the consequence of ordering the The intended parent/ parents (social parents) may blood test. Whether it will have the effect of arrange a surrogate pregnancy due to female branding a child as a bastard and the mother infertility and other medical issues which make as an unchaste woman. pregnancy/ delivery impossible, risky or 5- No one can be compelled to give sample of undesirable. In such cases sperm or egg may be blood for analysis. provided by the commissioning parents but In 2011, however, Delhi High Court issued donor eggs, sperm or embryos may also be used. contempt notice to N.D. Tiwari for his deliberate In traditional surrogacy with intended father's disobedience of its order to give blood sample sperm the child is genetically related to its father for DNA test to determine a youth's paternity6.
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