DNA sample taking by parent
I suspect my wife had an affair with another man who impregnated her and had a child with her who is our third born. Does the law allow me to take Human DNA sample and submit it directly to the Human DNA Laboratory for analysis to establish if I am the biological father of the second born?
AM, Morogoro
The law does not allow everybody to take Human DNA sample or submit a request of the sample directly to the laboratory. The Human DNA Regulation Act, 2009 limits the authority to take Human DNA sample or lodging a request to the Human DNA laboratory for analysis of the sample taken. In order to be able to collect Human DNA sample for analysis in order to establish the disputed paternity, one must possesses the qualifications of being a sampling officer. A medical officer is a sampling officer allowed to take Human DNA samples. However, before a medical officer acting as a sampling officer proceeds to collect and submit Human DNA sample to the laboratory, he must be authorised by the Court.
Where a sample is taken to establish a disputed paternity only a Court of law has the power to request Human DNA Laboratory to make analysis of the sample taken. Therefore, a person doubting the paternity of his child may petition the Court under the Law of Marriage Act for a declaratory order that he is not the biological father of the child and ask the Court to issue an order that Human DNA sample be taken from the child and submitted to the Human DNA Laboratory for analysis to establish the paternity. Further the DNA sample of a child must be taken in presence of the parents.