DNA 親子鑒定的倫理與法律思考: 以未成年人權益保護為視角

Ethical and Legal Issues of DNA Identification in China

Abstract

LANGUAGE NOTE | Document text in Chinese; abstract also in English.

中國大陸 DNA 親子鑒定機構日益增多，但缺乏統一標準和法律監管，訴訟外個人申請親子鑒定數量攀升，DNA 親子鑒定的技術分析異化為一些男性“鑒妻定子”的工具，其結果傷害了無辜的孩子。分析指出，僅靠道德約束不能消除DNA 親子鑒定機構間的無序的商業化運作，從而減少給未成年人造成的傷害。建議儘快制定“親子鑒定法”，確認子女利益最佳原則、親子鑒定受限原則和親子關係推定原則，建立親子鑒定監管機制、確立親子鑒定機構的考核標準和DNA 親子鑒定的認定標準、嚴格限定親子鑒定的範圍和申請人、規定親子鑒定的複檢制度、資料保護和DNA 隱私保密制度。

Due to the ever increasing number of family disputes over the identification of children in mainland China, more couples are turning to DNA tests to disclose the identification of their children. The number of DNA test agencies has significantly increased in recent years, and it is reported that the number of tests has increased by 20% every year. In some developed areas such as Guangdong province, the annual rate of increase is as high as 40-50%. These DNA test agencies seem to be free of any authoritative supervision or legal regulation, and operate with commercial motives. There is thus a danger that DNA tests are being abused in practice.

This essay argues that it is not enough to simply discuss the moral issues involved in using DNA tests. It is crucially important to formulate proper policy and law to supervise and regulate DNA testing agencies to protect the innocent children involved in such cases. The essay proposes and argues for the adoption of several principles to guide the formulation of proper policy and law in this regard. The first is the principle of the best interests of the child, which should be promoted to protect the children involved. The second is the principle of restriction, which should set down certain conditions to limit the use of DNA identification tests. The third is the principle of constructive parent-child relations, which could be used to determine parent-child relations without the need for a DNA test. Based on these principles, this essay proposes that China should set up a proper standard to measure the qualification of DNA testing agencies, and establish a suitable regulatory mechanism to manage them.

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