DNA Ireland Terms of Business

In these terms of contract “sample” will mean the specimen accepted by DNA Ireland for the purpose of DNA testing. The “requestor” refers to the person who submitted the test.

By completing the application form with DNA Ireland, you agree to the following Terms and Conditions:

1. Website

Although DNA Ireland endeavours to ensure that the information on the website is accurate and up to date, no representation or warranty, express or implied, is made to its accuracy or completeness.

2.Test Methodology

The test methodology is as follows:

A DNA profile is established for each donor utilising a minimum of 16 STR loci that consist of short repetitive sequence elements (DNA repeating units), which may then be amplified using polymerase chain reaction. Alleles are differentiated by the number of copies of the repeat sequence contained within the amplified region and are distinguished firm one another by fluorescence detection following electrophoretic separation. Biological parenthood/relationship is established or rejected by comparing the DNA profiles of the donors, since for each locus a biological parent is expected to match half of the child’s DNA.

3. Payment of Fees

Test results are released only when all charges have been paid in full. Full payment is due once the specimens have been taken, and the fees are non-refundable once testing has commenced.

The standard fee will cover:

The DNA Sampling kit

The DNA test (mother, father and one child)

The analysis of the test result

The test report

The fees do not include:

The attendance of an expert witness at court hearings

Any extra scientific work required in forensic science investigations

Any extra work arising as a result of the testing procedures or results of such testing procedures.

4. Request for Additional Samples or Information

DNA Ireland reserves the right to request more samples, especially, but not exclusively, in cases where the sample taken does not comply with the volume specified in instructions issued, or where the integrity if of the sample is in doubt.

5. Conclusiveness and Turnaround Time

Genetic mutations sometimes occur in ordinary, healthy people. These mutations surface in approximately 1-2% of paternity cases. When they do, the final test results depend on careful interpretation of the data by the laboratory scientists. If an inconsistency is detected, any guarantees on conclusiveness and turnaround time are void. Such inconsistencies often require extended testing and might affect probabilities of paternity. Due to the complexity of genetic inheritance and despite extended testing procedures, some special tests (including siblingship tests and genetic reconstruction) may reveal insufficient data to yield a definite exclusion or inclusion. DNA Ireland is not responsible in the event where inconclusive results are obtained due to unexpected biological variations in the DNA.

DNA Ireland will endeavour to produce reports within the stated time frame but cannot be held responsible if the reporting is delayed for reasons outside of our control.

6. Liability

DNA Ireland limits its liability to the cost of the test and disclaims liability for other losses, direct or indirect, arising from the test results.

DNA Ireland is not responsible for any psychological, legal or practical consequences of the test.

DNA Ireland does not accept responsibility for the acts or omissions of the independent sampler (eg GP) taking the specimens. DNA Ireland will not take responsibility for specimens damaged in transit.

7. Confidentiality and Processing of Customer Data

DNA Ireland will send a copy of the report to the report recipients as detailed in the report distribution section of the legal submission form or the relevant section of the peace-of-mind submission form. This may include medical and/or legal professionals involved in the case, members of TUSLA, An Garda Síochána and/or the Registrar General and other tested parties. Each tested party is entitled to a copy of the DNA test report.

DNA Ireland will carry out the test only on the understanding that the report recipients will communicate the results of the report to all persons who have consented to a DNA sample to be analysed.

DNA Ireland will keep the results of DNA tests confidential, and will not submit them to any third party without prior written consent from all tested parties. DNA test reports can be issued to third parties after receipt of written authorisation and consent from all tested parties involved in the DNA case. Emails are acceptable.

DNA Ireland shall be entitled to store and process any personal or commercial data which it receives in any manner whatsoever from the Customer in accordance with the applicable statutory provisions relating to data protection, irrespective of whether or not such data is provided directly by the Customer or by a third party. DNA Ireland shall be obliged to use its commercially reasonable endeavours to deal with such data confidentially in accordance with the law.

For the purpose of carrying out the commission, DNA Ireland shall process and use personal data – such as that concerning the Customer’s institutions, contacts and/or persons responsible for the DNA test. The Customer is aware that for the purpose of securing the best possible services, including the use of existing expertise and know-how, not only personal data but also data about the commission, such as analysis questions and their results, may be passed on to subcontracted laboratories or co-operation partners. The subcontracted laboratories or co-operation partners shall be bound by a corresponding confidentiality agreement which shall be made available upon request. The Customer may object to this with DNA Ireland in writing. Furthermore, DNA Ireland shall process and use the data for the purpose of obtaining a further commission. The Customer may object to this with DNA Ireland in writing or by email via [email protected].

Even after a payment has been made in full by the Customer, DNA Ireland or it’s subcontracted laboratories shall have the right to retain the results of any analyses carried out and to make use of such results in an anonymised form which does not permit the identification of the Customer, and to publish such results to

the extent that this does not cause a prejudice to any legitimate interests of the Customer which are known to DNA Ireland.

DNA Ireland shall be obliged to use its commercially reasonable endeavours to keep all results of the analyses and service reports confidential. These obligations shall not apply to the rights of the Contractor pursuant to section 3 or to any requirement to adduce proof of an entitlement to receive payment for services rendered.

The results of any analyses shall be produced and disclosed for the exclusive use of the Customer only and may not be made available to third parties for any purposes whatsoever without the prior written consent of DNA Ireland. Furthermore, the Customer shall be obliged to ensure confidentiality in connection with all of the services provided by DNA Ireland. In addition, any results and the composition of products which are delivered by DNA Ireland, as well as the results of any analyses, may not be published or commercially exploited without the prior written consent of DNA Ireland. Furthermore, in the event that such written consent is given, the Customer shall remain (a) liable for any consequences of the disclosure of such results to a third party and any reliance placed by such third party on such results, and (b) hereby undertakes to indemnify DNA Ireland, its parent company, subsidiaries and sister companies and their manual workers, employees, representatives, members of the management and advisors in respect of any claims brought by a third party as a result of the disclosure of such results and / or any reliance placed thereon and any – actual or alleged – loss resulting therefrom.

Customer data is stored for a minimum 5-year period, after which it is shredded by an external shredding company who provide shredding certificates.

8. Chain of Custody

For cases where the samples were not collected under a strict chain of custody by a third neutral party, and the laboratory cannot verify the origin of the samples, this test result may not be defensible in a court of law for the establishment of paternity and other legally related issues.