Germany Mulls DNA Tests

Speaking at a hearing of Germany's highest court, Zypries said paternity tests carried out in secret impinged on a child's rights. She also said a new law currently being drafted by the German Health Ministry regulating genetic diagnostics would make it a punishable offence to carry out DNA tests without a person's knowledge.

"It doesn't matter if this affects the supposed father, or the employee or the insurance agency," Zypries said after the two-hour hearing at the Constitutional Court in Karlsruhe.

However, the minister added that the barriers for carrying out a paternity test should be lowered. Currently, a man has to have concrete proof for his suspicions before courts will order a paternity test -- and he must do this within two years of the child's birth.

Right to controlling personal information

The Constitutional Court is hearing the case of a man who carried out a secret DNA test because he did not believe he was the father of his ex-partner's then 12-year-old daughter.

The man, who name has not been released by the court, claimed he should not be legally responsible for the child after a test carried out on saliva taken from the girl's chewing gum proved he is not biologically related to the girl.

His claim was rejected by the Federal Court in January 2005 on the grounds that the testing of genetic material without permission contravenes people's constitutional right to determine what happens with their personal information.

Now the father is arguing that he also has a constitutional right -- in this case to know his exact relationship to the girl.

Genetic testing easily available

The German states have differing opinions on how to balance a father's desire to verify paternity against the right to genetic confidentiality.

The southern German state of Baden-Württemberg wants to allow secret paternity testing whereas neighboring Bavaria wants to prohibit the process. However, a draft Bavaria law proposes giving the father the possibility of compelling the child to take a genetic test.

DNA testing conducted by a private clinic in Germany costs between 300 and 800 euros ($385 and $1,026), and it can be even cheaper on the Internet.

Only a small piece of genetic material -- such as a hair sample or saliva found a toothbrush -- is necessary for the test, which is more than 99.9 percent accurate.