Uncovering Lies with Family Ties: The Use and Legal Implications of Investigative Genetic Genealogy in the United States and United Kingdom

Authors

Rebecca James, Southern Methodist University, Dedman School of Law

Abstract

Investigative genetic genealogy is a fascinating, yet controversial, forensic technique that began to gather recognition around 2018. Investigative genetic genealogy takes identification through familial matches to a new level by comparing unidentified DNA samples to the samples submitted to increasingly popular direct-to-consumer databases, like AncestryDNA, 23andME, and FamilyTreeDNA. Because of the technique’s ability to supply significant leads in new and old cases, countries around the world have begun to consider the use of investigative genetic genealogy. However, some countries have been slower than others to adopt the technique due to privacy concerns and countries’ existing privacy laws. Using the United States and the United Kingdom as examples, this case note analyzes the effects of a country’s privacy laws on the country’s ability and willingness to implement investigative genetic genealogy into its regular forensic practices. The case note first walks through and explains the intricacies of investigative genetic genealogy and its use of direct-to-consumer databases to aid in identifying violent criminals. Next, the case note compares the current use and limitations of investigative genetic genealogy within the United States and United Kingdom before lastly discussing the likely implementation and development of the technique within each country. Through thorough analysis and comparison, the case note will answer whether investigative genetic genealogy will ever develop and reach its full potential within countries with stringent privacy laws.

Recommended Citation

Rebecca James, Case Note, Uncovering Lies with Family Ties: The Use and Legal Implications of Investigative Genetic Genealogy in the United States and United Kingdom, ILRA Student Forum (2022)