Federal Act on Human Genetic Testing (HGTA) (HGTA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 47 Principle
1 When creating DNA profiles to determine filiation or for identification purposes, genetic testing according to Chapters 2 and 3 must not be performed. The right to determine the gender remains, if this is necessary to clarify the filiation or for identification purposes. 2 Nevertheless, should characteristics be recognised that fall under the scope of Chapters 2 and 3, then they shall not be recorded in the test report nor transmitted to the person concerned or to third parties. The person who takes the sample must, before creating the DNA profile, inform the person concerned that it is not permitted to disclose such characteristics to him or her. 3 The sample from the person concerned must be taken by the laboratory that creates the DNA profile, or by a physician or another suitable person instructed by the laboratory. The person who takes the sample must check the identity of the person concerned. 4 Advertising to the public on creating DNA profiles must contain information on the
Art. 48 DNA profiling of deceased persons
1 If the person with whom filiation should be clarified is deceased, then the testing is authorised insofar as: a. the person requesting clarification has presented good grounds for doing so; and b. consent has been obtained from the next of kin of the deceased person. 2 If the next of kin refuse consent, then an order is required from the competent authority or from the competent court instead. 3 If no next of kin exist or can be reached then only the requirement of paragraph 1 letter a need be met for testing to be authorised. The person who requests clarification must, to the best of his or her knowledge, provide information with regard to the existence of next of kin.
Art. 49 Civil proceedings
1 In civil proceedings, DNA profiles of parties or third parties may only be created by order of the court or with the written consent of the person concerned. In other respects, the provisions of the Swiss Civil Procedure Code apply. 2 The laboratory must retain the samples obtained in the course of the proceedings and the data resulting therefrom until the judgment is final. The court that ordered the test shall inform the laboratory of the date on which the judgment becomes final.
Para. 1 — SR 272
Art. 50 Administrative proceedings
1 If in administrative proceedings there are justified doubts as to the filiation or the identity of a person which cannot be dispelled in any other way, the competent authority may make the granting of authorisation or a benefit conditional on DNA profile. 2 A DNA profile may only be created with the written consent of the person concerned. 3 The laboratory must retain the samples and the data resulting therefrom until the related ruling or the court judgment becomes final. The competent authority shall inform the laboratory of the date on which the ruling or judgment becomes final.
Art. 51 General provisions for DNA profiling outside administrative proceedings
1 Outside the context of administrative proceedings, DNA profiles may only be created with the written consent of the persons concerned. 2 A child incapable of judgement whose filiation with a certain person must be determined may not be represented by that person. 3 The laboratory that creates the DNA profile in order to clarify filiation must, before undertaking the test, inform the persons concerned about the provisions of the Civil Code concerning the determination of filiation and inform them of the possible psychological and social impact of the test. The information must be given in written form.
Para. 3 — SR 210
Art. 52 Additional provisions for the prenatal paternity testing
1 Prenatal paternity testing may only be prescribed by a physician. The pregnant woman must have received thorough counselling, in which the following in particular are discussed: a. the purpose, nature and informative value of the test; b. the psychological, social and legal aspects associated with the pregnancy; c. any subsequent measures that may be taken following the result and the possibility of obtaining support; d. the prohibition in accordance with paragraph 3 concerning the disclosure of the gender of the embryo or foetus. 2 The counselling session must be documented. 3 If the gender of the embryo or foetus has been determined when performing a prenatal paternity test, then the result shall not be communicated to the pregnant woman before the end of the twelfth week from the beginning of her last period. 4 Furthermore, the result shall not be communicated after the twelfth week if the physician considers that there is a risk that the pregnancy will be terminated for reasons o
Art. 53 Recognition for creating DNA profiles
1 Any person who wishes to create DNA profiles in accordance with this Act requires recognition from the Federal Department of Justice and Police. 2 Recognition shall be granted if: a. the required technical and operational criteria are met; b. a suitable quality management system exists. 3 The Federal Council has the following responsibilities: a. It shall specify the qualifications required by the laboratory manager, the requirements of the quality management system and the operational requirements. b. It shall specify the obligations of the holder of the recognition. c. It shall regulate the procedure for recognition. d. It shall regulate supervision and in particular the possibility of unannounced inspections. e. After consulting the Commission, it may make specific procedures offered by unrecognised facilities subject to recognition in accordance with paragraph 1.