Verifying the Family? A Comparison of DNA Analysis for Family Reunification in Three European Countries (Austria, Finland and Germany)

Abstract

This article explores and compares the legal fi-ameworks and regulatory practices of the use of DNA analysis for family reunification in Austria, Finland, and Germany. Based on a document analysis, we first provide an overview of the international legislation for family reunification and analyse the situation in the European Union. We show that the three countries have significantly different legislative practices in place to regulate parental testing in immigration contexts and to verify family relations. We oudihe the key societal and political implications that are associated with these country specific forms of legislation and regulatory practices and highlight the ambivalent role of DNA analysis in family reunification.

Closer to the Truth: <i>DNA profiling for family reunification and the rationales of immigration policy in Finland</i>

“…1 Findings of this research and a few previous studies demonstrate that while the laboratory practices are relatively similar throughout Europe, there are considerable differences in the ways DNA analysis is used in decision-making in different countries (Heinemann, Naue & Tapaninen 2013;Pascouau 2011;Taitz, Weekers & Mosca 2002). Finland was a pioneer in deployment of DNA testing and one of the first countries to incorporate regulation of the testing in a law and to establish a standard procedure in the immigration administration.…”

Does the end justify the means? A comparative study of the use of DNA testing in the context of family reunification

“…94 Following from this, the third type of possible discrimination stems from the fact that the concept of family narrowly based on a biological link only applies to immigrants and not to the nationals of the host country. 95 Most of the countries we reviewed for this article have family laws recognizing a broader social concept of family for their own nationals. These laws recognize that the constitutive elements of family go beyond a mere biological link, and that in reality families can be created through social, emotional, and even economic links, 96 such as the way the child is provided and cared for by the mother and father.…”

“…97 However, this broader definition of family is confined to nationals of the host country; immigrants' families are limited to biological bonds for family reunification purposes. 98 This distinction denies immigrants the benefits of the very same customs and values of the society into which they are expected to integrate. 99 Another concern raised is that the use of DNA testing may have a discriminatory effect against applicants of certain socio-economic classes.…”

“…98 This distinction denies immigrants the benefits of the very same customs and values of the society into which they are expected to integrate. 99 Another concern raised is that the use of DNA testing may have a discriminatory effect against applicants of certain socio-economic classes. Since the costs of DNA tests vary between USD $230 and USD $1250 per test, 100 and many families have more than one member who will apply to reunite with their families, many of the less fortunate families cannot afford to submit DNA tests for all their family members.…”

“…143 However, considering the potential harm to adults and children involved in a family reunification process, authors focusing on family reunification cases in Europe, Canada, and the USA assert that, if the use of DNA testing translates into breaking up a family for lack of biological link or the proof thereof, the use of the DNA test could in fact violate the immigrants' right to family life and risk the immigrants' well-being and the best interest of their children. 144 for 47% of the increased workforce in the USA and 70% in Europe. 154 New skilled immigrants represented 15% of new hires in healthcare and science and technology in Europe and 22% in the USA.…”