The law over genetic investigations with humans (gene diagnostics law) is a planned German law, which is to regulate comprehensively all circumstances in connection with genetic investigations with humans.

The law exists so far only as internal draft of the Federal Department of Justice. Therefore hardly details are well-known over its contents.

Prohibition of secret paternity tests

Federal Secretary of Justice Brigitte Zypries announced that the gene diagnostics law is to place secret molecular-genetic descending appraisals under punishment. Thus the informational right of self-determination is to be protected by children. For such a prohibition the conference of the commisioners for data protection of the federation and the countries had already expressed itself 2001.

Within the replaced Red-Greens government coalition was however disputed the punishability the secret paternity test. In particular the angedachte penalty clause from imprisonment to one year was regarded of many as disproportionate.

Of the law planned by opponents it is argued that after "§ 169 StGB (person condition falsification) putting underneath a child represents a criminal offence, which masks the project and makes prosecution more difficult, which equals author protection. Such an argument is legally not sound, because Personenstandsdelikte protect primarily the public order. Also it is to be considered that the fundamental right of the child has condition rank on informational self-determination and so that represents the priority national protection purpose.

Furthermore one, argues belongs to the personality right of each child to know its true father which both in hereditarylegal questions and in medical aspects such as preventive medical examination etc. of great importance can be. Legally this hardly convinces, because the child cannot make a secret test actually.

The central request of the opponents, a man has the right to know, whether the child is from it, around which it must both financially and socially worry itself, according to the criteria of the current iurisdiction to be solved will for the time being have. Such a request is generally justified, must overcome however because of the required consideration for others the initial hurdles. Also without criminal offence existence secret test remains illegal.

In the meantime there is a Petition with the Bundestag against the prohibition of secret paternity tests.

Legislative procedure

The legislative procedure had not been initiated to in the middle of February 2005 yet. The German Bundestag affirmed its demand therefore on 17 February 2005 in a parliamentary group-spreading resolution according to the decree of a gene diagnostics law still in this legislative period.

The law is to regulate genetic investigations for medical purposes, for purposes of life planning, for the production of descending appraisal (paternity test), within the insurance range, in the working life and for purposes of scientific research after the conceptions of Bundestag and place rule offences under punishment.

Trivia

Opponents of the law coined/shaped the term Schlampenschutzgesetz for the law.

Related links

• The Green: Investigators should access to all DNA data received from Sigrid Averesch
• Florian Staek: '' With the gene diagnostics law delegates want to improve November 2004 in many places - even with the law title '' 12
• Conference of the commisioners for data protection of the federation and the countries: '' Resolution on the legal regulation of genetic investigations '' 26 October 2001

Articles in category "Gene diagnostics law"

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