DNA Testing for Residents of New York State
New York State has specific requirements for DNA testing including:
- Collection by a physician under chain of custody;
- The specimen must be accompanied by a test order from your physician or lawyer;
- The laboratory must hold a New York State Department of Health certificate.
Laboratory testing your samples
It is important that you can only carry out testing through a laboratory holding the required permit, if you are based in New York. The laboratory testing your samples holds the required certificate for testing in New York.
In order to provide you with the ideal test, you would need the following information:
- What type of relationship you wish to determine
- Who is available for testing
DNA Tests available in the State of New York
Legal parental DNA testing as well as relationship DNA testing services in New York State must be ordered by people qualified to order such tests; these include – judges, attorneys and licensed physicians. To read more about persons authorized to order DNA testing, click here.
Sample collection in New York State
Your physician or lawyer must collect the samples on your behalf. They will be in charge of physically handling the swabs and rubbing the swabs inside the mouth of every test participants, ensuring every step in the required sample collection procedure is followed to the letter. Test participants will need to present a form of accepted identification such as a passport. In cases where this is not available, passport sized photos may be presented as a form of identification – concerned individuals will need to make sure that the face is fully visible without any obstructing hair, headgear etc. the sampler will verify the identification of every person tested.
Your DNA samples will need to be returned to the laboratory including the doctor’s prescription for the test.
Who can receive your DNA test results?
DNA test results can only be given to people authorized to use such results in their professional / official duties (for example lawyers in court cases). Labratories can only release your results to the sampler or to the authorized person- the test participants/ patients can only access the results through their sampler (usually a physician, his agent, or other authorized person). In order for results to be released to any of the test participants, official authorization will need to be given by the physician, his agent or authorized person.
Why can’t I buy a DNA test directly myself in New York State?
Unlike other US states, New York is the only state where companies are not allowed to sell DNA testing directly to consumers. Selling DTC or even purchasing a DNA test directly yourself could result in harsh penalties, if you are not legally authorized to do this.
What are the legal laboratory requirements for testing in New York State?
Under New York State Public Health Law (Article 5, Title V, Section 574) and regulations (Part 58-1.10 (g) of 10NYCRR), laboratories performing testing for any specimens collected in the State of New York must hold a New York State clinical laboratory permit or have test request approval for specific tests.