What Is Mandated Genetic Testing?

Genetic testing can be used for prenatal diagnostic testing, screenings of newborns, forensic testing or to diagnose a person's susceptibility to inherit certain diseases. Most people who undergo genetic testing do so voluntarily to avoid having children with debilitating illnesses or to identify the diseases for which they are at high risk in order to best prevent the onset of these conditions. However, sometimes genetic testing is mandated and an individual must undergo this screening procedure involuntarily. Mandated genetic testing is now almost exclusively ordered to screen felons for forensic purposes in the United States. The concept of mandated genetic testing is highly controversial.

History

Genetic testing of infants for PKU is no longer mandatory.

Mandated genetic testing was brought to the forefront of public attention in 1965, when the U.S. government made testing for phenylketonuria (PKU) in children mandatory. Due to an outcry from many parents who disapproved of the government making such a personal decision unilaterally, the federal government repealed this mandated genetic testing of infants in 2003. Some state governments like Montana and West Virginia still require newborns to be tested for phenylketonuria, but parents in most states are now able to accept or refuse genetic testing of their children for phenylketonuria and other diseases without any government interference.

Function

All 50 states mandate genetic testing for convicted sex offenders.

Government-mandated genetic testing in the United States today occurs primarily in conjunction with the criminal justice system. As of February 2009, all states mandate genetic testing for convicted sex offenders and many have mandated genetic testing for all felons, regardless of the crime committed. Ever since state governments established DNA databases for criminal offenders, many crimes of years past have been solved and it has been significantly easier to find and arrest first-degree felons who pose a direct threat to public welfare.

Geography

Members of the liberal Greens party in Germany oppose mandated genetic testing.

Although mandated genetic testing throughout the world is used primarily for fighting crime, there are many people who believe it is unethical to mandate genetic testing in any situation. For example, in Germany the conservative party passed a law that makes DNA analysis standard procedure in all criminal investigations. The Greens and liberal Free Democratic Party in Germany are horrified at the adoption of this law, stating that "this is a disaster for civil rights in Germany." To this group of Germans, and to many people worldwide, the right to keep genetic information private is ultimately more important than solving crime quickly.

Misconceptions

DNA tests are accurate 99.9 percent of the time.

Some people are unconvinced that genetic testing is accurate enough to be admitted as evidence in a courtroom setting. The misconception held by some jurors that DNA testing is unreliable has hindered many court cases and is entirely inaccurate. DNA tests are accurate 99.9 percent of the time.

Considerations

Paternity testing can be mandated by the court in most states.

One of the most controversial uses of mandated genetic testing in the United States is definitively establishing paternity. Genetic testing for paternity can be mandated by the court in most states to help settle suits in which child support payments or other child welfare issues are at stake. In fact, some states are currently considering a law that will make paternity testing mandatory before issuing a birth certificate for a newborn child.

Warning

Many are concerned that mandated genetic testing will lead to a negative form of eugenics.

Opponents of mandated genetic testing warn that the ability of governments to access citizens' genetic records is likely to lead to the practice of eugenics, whereby society discourages the reproduction of people with genetic defects or with physical traits that are considered undesirable. After the heinous era of Nazi Germany and World War II when Hitler used eugenics as an excuse to murder millions of Jewish people, eugenics became reviled by people worldwide. Today, most people continue to have their guard up when eugenics is discussed as a possible result of mandated genetic testing.

Theories/Speculation

Gatta forces viewers to speculate about a future with mandated genetic testing.

The 1997 film "Gattaca," starring Ethan Hawke and Uma Thurman, paints a future in which genetic testing is mandated for all people and society is based on a belief that eugenics is positive for mankind. In Gattaca, genetic discrimination is a major concern. Gattaca forces viewers to speculate about how accurate this portrayal of our future with mandated genetic testing will ultimately prove to be.

Resources

• Information about testing for PKU in children.