亲权鉴定中的伦理和法律问题

Ethical and Legal Issues Involved in Paternity Testing

由于亲子鉴定涉及伦理、法律、家庭、社会等各方面的问题,所以开展这项工作要抱审慎态度。在当事人教育程度不足以理解亲权鉴定会涉及伦理和法律问题时,要做到当事人知情同意也是不可能的;在没有其他方案替代时,从事司法鉴定人员应该建议当事人放弃亲子鉴定的申请。我国司法部门应该着手制定亲子鉴定技术标准和颁布亲子鉴定司法程序,以保障当事人在亲权鉴定时享有知情同意权和自主权。

Paternity testing has to be cautiously practiced, since it involves issues coming from all aspects including ethics, legislation, family and society. If the educational backgrounds of the litigants prevent them from fully understanding the ethical and legal issues involved in paternal testing, it would thus be impossible to achieve a real ＂ informed consent＂ for the litigants. It is our point of view that in these cases, and when no alternative solutions are available, it is the responsibility of those who perform paternity testing to advise the litigants give up the application for paternity test. Besides, it is time for judicial departments to place on the agenda the establishing of a technique standard for paternity testing and relevant judicial procedures, in order to protect the basic rights of informal consent and autonomy of litigants in paternity testing practices. It is in this article that some ethical and legal issues commonly involved in paternity testing are discussed.