DOS Issues New DNA Testing Guidelines Posted Feb 23, 2001 On February 8, 2001, the U.S. Department of State (DOS) issued a cable to U.S. Consulates around the world, setting forth the rules with regard to DNA testing to prove a family relationship. This cable supersedes all prior DOS guidance on this issue. DNA tests can sometimes be useful in a family-based case, such as a petition on behalf of a child, to prove the relationship when the Consular Officer finds the documentation of the relationship to be inconclusive. This problem can also arise in the context of a derivative citizenship case, in which a person claims to be a U.S. citizen based upon the U.S. citizen status of his/her parent/s. The cable states clearly that a Consular Officer cannot require a DNA test. Rather, if the documentation does not sufficiently prove the family relationship, the Consular Officer should try to find out the information by other means, such as through a detailed interview. If these other efforts fail to produce the necessary proof, then the applicant should be given the option of presenting DNA evidence if s/he so chooses. If it is a visa case and it appears to the Consular Officer that there are grounds for returning the petition to INS for revocation, the applicant should be given the opportunity to present DNA test results. For derivative citizenship cases, the Consular Officer should give the parent/s the option of DNA testing. The DOS guidebook known as the Foreign Affairs Manual describes the procedures that should be followed in this situation. DNA tests must be consistent with accepted standards. The cable includes detailed information on the types of tests that will be accepted. Detailed technical guidance on specific tests and procedures will be updated from time to time to keep pace with technological advances in DNA testing. The required accuracy standard will also be updated as needed. At present, the DNA test must have a 99.5% rate of accuracy and must be performed by a laboratory that is accredited by the American Association of Blood Banks. © The Law Office of Sheela Murthy, P.C.
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