Forceful conduct of DNA test
I am in my fifth month of pregnancy and my husband is forcing me and the fetus to take human DNA tests. When I asked him to disclose the purpose of compelling me and the fetus to take human DNA tests, he told me that he wants to know if the expected child is his. I don’t want to take a DNA test and neither do I want the fetus to be subjected to a DNA test. Is my husband justified to force me and the fetus to take DNA?
CG, Dar
Section 45(1) of the Human DNA Regulation Act, 2009 (the Act) states clearly that the Human DNA test shall not be conducted on a pregnant woman unless the test is for medical purposes. Subsection 45(2) further states that a pregnant woman shall have rights and authority regarding samples for Human DNA taken from her for the purposes of the test referred to under subsection (1). Therefore, your husband is not justified to force you to take a human DNA test without your consent.
As regards to the fetus, section 46(1) requires collection of samples for Human DNA from an extra corporeal embryo or fetus for Human DNA test to be done for treatment purpose only and to be conducted under the direction of a medical doctor. The law is clear that any person who collects and analyses samples for human DNA from an extra corporeal embryo or fetus not for treatment purposes commits an offence. Again, your husband is acting illegally to force you to take a human DNA test for the purpose of ascertaining whether the expected child is his or not. Only the doctor can initiate taking human DNA of a fetus for medical purposes only. You can politely inform your husband accordingly.