Llilda P Barata, Helene Starks, Maureen Kelley, Patricia Kuszler, Wylie Burke
{"title":"WHAT DNA CAN AND CANNOT SAY: PERSPECTIVES OF IMMIGRANT FAMILIES ABOUT THE USE OF GENETIC TESTING IN IMMIGRATION.","authors":"Llilda P Barata, Helene Starks, Maureen Kelley, Patricia Kuszler, Wylie Burke","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>Genetic technologies are being implemented in areas that extend beyond the field of medicine to address social and legal problems. An emerging example is the implementation of genetic testing in the family petitioning process in immigration policy. This use of genetic testing offers the potential benefits of reducing immigration fraud and making the process more efficient and accessible for immigrants, especially those without documentation. However, little is known about the positive or negative impacts of such testing on immigrant families and their communities. This study collected empirical data through family interviews to understand the experiences and attitudes of individuals who have taken a DNA test to prove a family relationship for immigration purposes. Based on study results, we present a set of recommendations to improve the processes with which DNA testing is applied to immigration cases. We argue that DNA testing might serve as a useful tool for families who lack documentary evidence of a family relationship. However, testing might also reveal sensitive information, such as misattributed parentage, that can damage relationships and cause serious harm to beneficiaries, especially children. Petitioners should be provided with adequate information to form an understanding of the DNA test and its implementation as well as the positive and negative consequences from using it, in order to carefully assess whether DNA testing will help their case. We recommend that additional protections be put in place to safeguard children from the potential impacts of misattributed parentage or disclosure of hidden social adoptions. This research provides empirical evidence to inform policy related to the use of genetic testing in immigration.</p>","PeriodicalId":82802,"journal":{"name":"Stanford law & policy review","volume":"26 ","pages":"597-638"},"PeriodicalIF":0.0000,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4743036/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Stanford law & policy review","FirstCategoryId":"1085","ListUrlMain":"","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Genetic technologies are being implemented in areas that extend beyond the field of medicine to address social and legal problems. An emerging example is the implementation of genetic testing in the family petitioning process in immigration policy. This use of genetic testing offers the potential benefits of reducing immigration fraud and making the process more efficient and accessible for immigrants, especially those without documentation. However, little is known about the positive or negative impacts of such testing on immigrant families and their communities. This study collected empirical data through family interviews to understand the experiences and attitudes of individuals who have taken a DNA test to prove a family relationship for immigration purposes. Based on study results, we present a set of recommendations to improve the processes with which DNA testing is applied to immigration cases. We argue that DNA testing might serve as a useful tool for families who lack documentary evidence of a family relationship. However, testing might also reveal sensitive information, such as misattributed parentage, that can damage relationships and cause serious harm to beneficiaries, especially children. Petitioners should be provided with adequate information to form an understanding of the DNA test and its implementation as well as the positive and negative consequences from using it, in order to carefully assess whether DNA testing will help their case. We recommend that additional protections be put in place to safeguard children from the potential impacts of misattributed parentage or disclosure of hidden social adoptions. This research provides empirical evidence to inform policy related to the use of genetic testing in immigration.
基因技术的应用领域正在超出医学领域,以解决社会和法律问题。一个新出现的例子是在移民政策的家庭申请过程中实施基因检测。基因检测的使用具有潜在的好处,可以减少移民欺诈,提高移民程序的效率,使移民,尤其是没有证件的移民,更容易获得基因检测服务。然而,人们对这种检测对移民家庭及其社区的积极或消极影响知之甚少。本研究通过家庭访谈收集经验数据,以了解为移民目的接受 DNA 检测以证明家庭关系的个人的经历和态度。根据研究结果,我们提出了一系列建议,以改进 DNA 检测在移民案件中的应用流程。我们认为,对于缺乏家庭关系书面证据的家庭来说,DNA 检测可能是一个有用的工具。然而,检测也可能揭示一些敏感信息,如错误的亲子关系,这可能会破坏关系并对受益人,尤其是儿童造成严重伤害。应向申请人提供足够的信息,使其了解 DNA 检测及其实施,以及使用 DNA 检测的积极和消极后果,以便仔细评估 DNA 检测是否有助于其案件。我们建议制定额外的保护措施,以保障儿童免受错误亲子关系归属或披露隐性社会收养的潜在影响。这项研究提供了经验证据,为移民中使用基因检测的相关政策提供了参考。