On December 9, 2011, amendments to the norm of the law indorsed the recognition and denial of paternity based on genetical and anthropological examinations. This means that the court rules a decision either recognizing or denying paternity over a child based only on DNA or anthropological examination rests.
We contacted Nino Kochiashvili, Doctor in Genetics, Head of the Forensic Biological Department of LEPL Levan Samkharauli Forensic National Bureau to discuss the subject:
- DNA tests to identify biological relation between an adult and his alleged child is conducted only in the National Forensic Bureau in Georgia, which is an accredited state institution. The frequency of applications are high as it is quite a customary practice: we receive three, four and sometimes more court rulings on average; at the same time, we receive almost the same number of application based on private requests.
- What is your opinion on reasons behind such frequent appeals? Why do people enquire on their genetic relations?
- In my subjective opinion, as a regular citizen, it is related to social problems: unplanned marriages, or relations that lead to unplanned children – but this is not a forensic domain. These are the reasons to be discussed by experts who work on related issues and who work with single mothers.
- What is statistical data in comparison with previous years, has the number of such appeals increased or in the contrary, decreased?
- The number of received applications has increased for a very simple reason – people have become aware that such kind of expertise is conducted and accessible in Georgia. Hence, if we look at the chronology of years, of course, we have a growing tendency. The number of appeals have also increased due to the legal factor: the Parliament of Georgia has issued a law according to which biological disputes are solved by genetic examinations. Consequently, if we compare our start-up studies and current indicators, we will see a significant increase.
- what is the common trend, is it more men or women who address you on DNA tests?
- Both equally. Women mostly address courts, but men mostly submit private requests.
- I presume, DNA tests would be requested more had the price been lower.
- 1600 GEL is a fixed price for DNA test and it has been regulated by the Government. Let me tell you more on this: few years ago, its cost was 4600 GEL, but after establishing direct contacts with foreign companies, which enabled us to conduct purchase of reactors directly from them, the price has significantly decreased. DNA is not a profitable test since the price of reactors is quite high, so 1600 GEL includes examination of all three: a mother, a child and an alleged father.
- What biological material is used for genetic examination?
- Saliva is a painless and the best sample for the DNA test, but blood, air or other biological samples can be uses equally successfully. Tests are usually associated with blood by people and for that reason customers mostly request blood tests. We can certainly do DNA test using blood sample on the request of customers, but according to the international standards and established guidelines, saliva is the best and the most painless procedure.
- To what extent is the confidentiality secured?
- We are committed and obliged to keep confidentiality. In courts, people appeal for the test using their ID cards. The same happens when a couple addresses us for the DNA test. Moreover, one of them must be a de jure parent to the child to be able of requesting the DNA test. On a private request, a person can hide his/her identity, and in this case, we ask them to provide DNA samples by themselves, but in this case, the responsibility over the samples lays on the person who delivers the samples. I also stress that legalities are cross-checked by our legal staff and we proceed with the test only after their final concluding.
- How do men, confident in their paternity, deal with news and have you had any test related scandals?
- Such information normally does not reach us, but to my knowledge there has been none of such cases in the Bureau. Judging by our experience, alleged fathers are in most cases proved being biological fathers. We have certainly experienced other cases too, but in numbers it is statistically very few.
- Is there any chance of a mistake when the Bureau concludes its DNA expertise?
- It is absolutely excluded. No mistake is allowed in forensic tests, because two qualified experts make examinations as they cross-check each-other. Both of those experts are equally responsible over the results. If any problem or unclarity is noted during the process, it will be re-examined. We conduct forensics for nine years now and during this time, I do not recall any case of a mistaken result.
- Although, the results issued by the Bureau have been sent for double-proofing abroad.
- A lot of people double-check the results, but none received any alternative result. DNA is not a test for hamoglobin, for it to depend on the quantity of indicators for iron. DNA is consistent throughout our lifetime. Besides, National Forensic Bureau is an Internationally Accredited body, which means that the Bureau is tested on annual basis. The Bureau has been awarded by certificates which attest that all qualification tests have been passed with excellence. So there are many tools to test our credentials and accreditation obliges us to be consistently checked.