Understanding DNA Test Errors: Causes, Consequences and Legal Safeguards in India

DNA paternity tests are widely believed to represent the ultimate scientific truth. A single report can influence relationships, legal rights, inheritance, custody, and even a person’s identity. But what is far less discussed is an uncomfortable reality: DNA tests are not infallible. When errors occur, the consequences can be devastating, emotionally, socially, and legally.

Recent reports and scientific studies have brought renewed attention to cases where DNA paternity results were later found to be incorrect. These errors are not just technical failures; they can destroy families, break marriages, and permanently damage trust.

How Errors in DNA Paternity Testing Occur

Despite advanced technology, paternity testing is still vulnerable to human, technical, and biological limitations.

1. Sample Mix-Ups and Procedural Errors

One of the most common causes of incorrect paternity results is sample handling errors. Improper labeling, contamination, or swapping of samples during collection or processing can lead to entirely wrong conclusions. In some reported cases, laboratories were found to have used unreliable methods or poor-quality controls, leading to false exclusions or inclusions.

For families, the damage is immediate, relationships are questioned, accusations arise, and emotional trauma sets in before anyone considers the possibility of laboratory error.

2. Genetic Mutations and Technical Limitations

Most standard paternity tests rely on STR (Short Tandem Repeat) analysis, comparing specific genetic markers between a child and the alleged parent. While highly accurate in most cases, STR testing has limitations.

Rare genetic mutations at one or more markers can create mismatches, leading to false “not the father” conclusions—even when biological paternity exists. In complex cases, relying on limited markers without extended analysis can produce misleading results.

Chimerism: When One Person Has More Than One DNA Profile

One of the most misunderstood and under-recognised causes of false paternity results is chimerism.

Chimerism is a rare biological condition in which a person carries two genetically distinct sets of DNA. This can happen when fraternal twins fuse early in the womb, or through other rare developmental processes. As a result, DNA taken from blood, saliva, or skin may not match the DNA present in reproductive cells.

There have been documented cases where a biological parent appeared to be a genetic “uncle” or unrelated to their own child based on standard DNA testing. Without awareness of chimerism, families can be wrongly accused of infidelity or fraud, and children can be legally and emotionally displaced.

Chimerism highlights a critical point: DNA science is complex, and results require expert interpretation, not blind acceptance.

Why Standard DNA Tests May Not Be Enough in ART and Fertility Cases

The risk of error increases significantly in cases involving Assisted Reproductive Technology (ART) such as IVF, donor gametes, embryo transfers, or surrogacy.

In ART scenarios:

• Multiple biological contributors may exist

• Embryos and gametes are handled outside the body

• Genetic relationships may not follow traditional assumptions

Standard paternity tests may fail to account for:

• Donor involvement

• Lab-based embryo handling

• Genetic complexities like mosaicism or chimerism

This is why advanced testing methods such as extended STR panels, SNP analysis, or chromosome-specific testing, may be necessary in fertility-related cases. Treating a basic DNA test as conclusive in such contexts can lead to serious injustice.

The Human Cost: How Wrong DNA Results Destroy Families

A wrong paternity report does not remain confined to paper. It enters homes, courtrooms, and lives.

Families have reported:

• Marital breakdowns

• Emotional trauma and depression

• Loss of custody or parental rights

• Social stigma and isolation

• Long-term psychological harm to children

Once trust is broken, correcting the scientific error later often cannot repair the emotional damage already done.

Legal Framework in India: Where the Law Stands

India does not yet have a comprehensive, standalone DNA regulation law in force, though the DNA Technology (Use and Application) Regulation Bill has been under discussion for years. This regulatory gap raises serious concerns about oversight, accreditation, and accountability of testing laboratories.

However, several legal provisions are relevant:

• Indian Evidence Act, Section 45: DNA evidence is considered expert evidence and must be interpreted by qualified experts, not treated as absolute truth.

• ART (Regulation) Act, 2021: Mandates strict protocols for handling gametes and embryos, and places responsibility on clinics to avoid mix-ups.

• Surrogacy (Regulation) Act, 2021: Recognises legal parentage based on lawful procedures and consent, not solely on genetic testing.

• Consumer Protection Act, 2019: Allows action against laboratories or clinics for deficiency in service, negligence, or unfair practices.

Courts have repeatedly emphasised that DNA evidence must be weighed cautiously, especially where it conflicts with social realities, long-standing relationships, or the welfare of a child.

Judicial Caution in India: Kerala Case on DNA Testing and Privacy

The sensitivity surrounding DNA paternity testing has also been recognised by Indian courts. In a recent case originating from Kerala, the Supreme Court refused to permit a DNA test in a long-standing paternity dispute, citing serious concerns around privacy, dignity, and potential social stigma. The Court observed that compelling an individual to undergo DNA testing is not a routine matter and can have far-reaching consequences, especially for the child involved.

The Court emphasised that DNA tests should not be ordered mechanically or merely to satisfy doubts, as such tests may irreversibly affect personal relationships and reputation. It reiterated that courts must balance the scientific value of DNA evidence against constitutional protections under Article 21, which includes the right to privacy and dignity. Importantly, the judgment reinforced that legal parentage in India is not determined solely by biological testing, particularly when it risks harming a child’s welfare or destabilising an existing family structure.

This case underlines a crucial point: even when DNA technology is available, its use must be cautious, contextual, and humane. It strengthens the argument that blind reliance on DNA reports, especially when errors or biological exceptions exist, can lead to injustice rather than truth.

Why Awareness and Regulation Are Crucial

The growing availability of DNA testing, especially direct-to-consumer tests has outpaced public understanding of its limitations. Without robust regulation, accreditation, and mandatory safeguards, families remain vulnerable to irreversible harm caused by incorrect reports.

What is needed is:

• Stricter regulation of DNA testing laboratories

• Mandatory confirmatory testing in disputed cases

• Expert genetic counselling alongside test results

• Greater judicial awareness of biological exceptions like chimerism

• Clear protocols for ART-related genetic testing

Final Thoughts

DNA testing is a powerful scientific tool, but it is not infallible. When errors occur, the cost is not just scientific credibility; it is human lives, families, and identities. Treating DNA results as unquestionable truth without context, caution, or expert interpretation risks grave injustice.

As genetic technology advances, the law, medical systems, and public awareness must evolve alongside it, placing human dignity, child welfare, and scientific responsibility at the centre of every decision.

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The Author :

Dr. Sunil Khattri 

sunilkhattri@gmail.com

+91 9811618704

Dr Sunil Khattri MBBS, MS(General Surgery), LLB, is a Medical doctor and is a practicing Advocate in the Supreme Court of India and National Consumer Disputes Redressal Commission, New Delhi.