Who Decides What Is Legally Admissible?
One of the most common buzzwords thrown out by all DNA labs is the phrase, "legally
admissible." This is intended to provide the consumer with assurances
that he/she will be able to use these results to prove something in a court
of law, or to any organization asking for this information.
This has led to an interesting phenomenon. Consumers, and even attorneys,
are relying on the legal opinions offered by medical practitioners and business
people. Every attorney knows that nothing can be declared "legally admissible" until
the court says it is. And any attorney can attempt to have any evidence discounted
by the court for a variety of reasons.
Without a doubt, there are certain guidelines that most, if not all courts
follow. Testing must be performed and results must be furnished by
an AABB approved laboratory. Additionally, strict chain of custody procedures must
be followed. Given these considerations, it is true that most courts will accept
DNA test results as proof of relationship or against relationship. However,
the labs cannot guarantee that every court will agree on the significance of
DNA testing, nor that each court will have the same requirements for admitting
DNA evidence.
In industry terms, the phrase "legally admissible" only means that
the lab meets the standards that are generally asked for by courts. As opposed
to the less expensive home kits, these tests maintain certain standards, such
as chain of custody. But are they absolutely legally admissible? That is not
a question for the lab; it is a question for the court.