The Policy Implications of Genetic Genealogy

Abstract

The rise in popularity of at-home DNA tests for genealogy has generated new questions and challenges in the field of genetic genealogy, which enables identification of genetic material through the combined use of DNA test results and traditional genealogical practices. For example, unidentified DNA lifted from crime scenes can be used to identify genetic cousins that have taken commercial DNA tests and construct a family tree to determine to whom the DNA belongs. This paper critically analyzes and assesses the expanded applications of genetic genealogy in the United States. This thesis produces the first policy-focused literature review on this topic in addition to drawing on 23 elite interviews with experienced experts and stakeholders to offer key suggestions for future policy. I begin with a history of genetic genealogy and the two primary applications of the practice—forensic investigations and adoption cases. I then explore existing state laws in Maryland and Montana, the first two states to have formally addressed genetic genealogy through legislation. Both of these laws impose limits on the ability to use genetic genealogy in forensic criminal investigations. Finally, I discuss policy implications by drawing from interviews and genetic genealogy-adjacent policy literatures that also deal with the tradeoff between safety and privacy that is central to American politics and policymaking. I ultimately suggest that this is an issue deserving of more attention and make specific policy recommendations for future legislation.