Archiver > GENEALOGY-DNA > 2010-02 > 1265673001

From: "Diana Gale Matthiesen" <>
Subject: Re: [DNA] CNN article: The government has your baby's DNA..
Date: Mon, 8 Feb 2010 18:50:01 -0500
References: <><DD03C3B3EE7C42598367B36280CFB32B@Den><27860375704F4D72888D1F5E07CD3594@HP><250B77AC29DA4512B1F6ED2AF7A70954@john>
In-Reply-To: <250B77AC29DA4512B1F6ED2AF7A70954@john>

Rather than create new law, whenever possible, the legal system likes to use
existing law to apply to new situations because most existing law has had
decades, if not centuries, to get the "kinks" ironed out.

The ownership of your DNA sample would presumably continue to be, as it is now,
governed by property law. When you die, the general public does not gain access
to your DNA sample any more than they would gain access to your home. The
ownership of your sample doesn't end, it moves to your heirs.

I don't see any prospect of the laboratory doors and DNA storage facilities
being flung open to genealogists, just because the test subject died.

Yes, I share the frustration. I have a key person in one of my projects who
died after testing 12 markers. Several of us have offered to pay for his
upgrade to 67 markers, but his widow won't allow it (no explanation as to why).
There is *nothing* we can do about it, unless she changes her mind or she dies,
too, and we have better luck with his children.


> -----Original Message-----
> From: On Behalf Of Alister John Marsh
> Sent: Monday, February 08, 2010 6:03 PM
> To:
> Subject: Re: [DNA] CNN article: The government has your baby's DNA..

> The questions to determine are...
> 1) if DNA samples "exist" for a particular deceased individual,
> 2) and if so "locate" the DNA samples,
> 3) but then the issue arises as to who should reasonably have
> "authority to
> approve tests, or obtain custardy of the samples". In this
> particular case
> the person could readily demonstrate that she was the sole
> "next of kin" of
> her deceased brother.
> Can this list discuss how a genetic genealogist can find and
> obtain custardy
> of any stored DNA of deceased relatives held on in this government DNA
> stockpile? If the current law does not allow release of DNA
> samples to next
> of kin, is there any political approached people on this list
> could initiate
> to have policy changes made to allow genetic genealogist
> access to this huge
> DNA resource almost within our reach? I see this as a
> legitimate "on topic"
> matter for this thread.
> John.

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