DNA testing is not illegal in Israel, but it is heavily regulated, creating one of the most restrictive legal landscapes globally for genetic information. The legality of conducting a DNA test depends entirely on its purpose, type, and whether the procedure is formally authorized. This complex legal framework is shaped by strong privacy concerns, medical ethics, and the unique influence of religious law on personal status matters. Understanding these specific legal nuances is necessary before attempting genetic testing in Israel.
Key Legislation Governing Genetic Information
The legal foundation for all genetic testing in Israel is set by two legislative acts that govern the collection, storage, and use of human genetic data. The Genetic Information Law (5760-2000) is the overarching framework protecting the individual’s right to privacy concerning their genetic makeup. This law ensures that genetic testing requires strict informed consent and that results must be confidential. Testing must be conducted only in licensed laboratories and often requires comprehensive genetic counseling beforehand.
The law also established the Genetic Information Committee, responsible for oversight and handling complex ethical or legal questions. Furthermore, the Genetic Information Law explicitly prohibits discrimination in employment or insurance based on an individual’s genetic profile. Separately, the DNA Database Law (5765-2005) established the Israel Police DNA Index System (IPDIS) for forensic and investigative purposes. This forensic database stores DNA profiles from crime scenes and convicted offenders, but it includes strict protocols for data expungement and access, maintaining a separation from the medical and civil genetic information systems.
Strict Regulations for Establishing Paternity
Testing to establish family relationships, particularly paternity, is subject to the most stringent regulation and is almost universally prohibited without a formal court order. This restriction stems from a deep legal and religious concern to prevent the determination of mamzerut, a status of illegitimacy in Jewish law. A person declared a mamzer is severely restricted in whom they can marry within the Jewish community. The courts seek to avoid imposing this status on an innocent child, prioritizing the child’s welfare over the father’s desire for biological truth, often denying requests to deny paternity.
The only way to legally obtain a paternity test is through a court order issued by an Israeli Family Court, not a rabbinical court, which grants the request only under very specific circumstances. These circumstances typically involve proving a biological link for immigration purposes under the Law of Return or for inheritance claims, but only if the child’s personal status is not jeopardized. Any paternity test conducted privately, at home, or in a foreign laboratory without explicit court authorization has zero legal standing in Israel and may result in fines or imprisonment. The court mandates that the test must be performed in a certified Israeli laboratory or an Israeli consulate abroad, ensuring strict chain of custody and supervision.
Permitted Uses for Health and Medical Screening
Genetic testing for clinical and medical purposes remains legal, though it is tightly controlled and supervised by the Ministry of Health. This includes diagnostic testing for existing conditions, carrier screening for hereditary diseases, and pre-implantation genetic diagnosis (PGD) before fertilization. Testing for carrier status, especially for conditions common in specific ethnic groups, is routinely offered, often free of charge, when recommended by a medical professional.
Any medical genetic test requires comprehensive counseling from a certified geneticist or specialist physician, along with explicit, written consent. The Ministry of Health maintains strict criteria for the performance of these tests, ensuring they align with established medical guidelines and ethical practices. For instance, sex selection using PGD for non-medical reasons is generally forbidden, demonstrating the legal system’s commitment to regulating genetic technology for health and well-being.
Rules for Personal Ancestry Testing
The sale of Direct-to-Consumer (DTC) ancestry testing kits, such as those offered by foreign companies, is restricted in Israel due to the Genetic Information Law. Israelis are forbidden from purchasing these kits directly from local stores or pharmacies without an authorized prescription or court order. While physically sending a sample to an overseas company may not be technically illegal for the consumer, the results obtained from such unauthorized tests hold no legal weight in Israeli courts.
The primary concern is the potential for misuse of sensitive genetic data by entities not bound by Israel’s privacy protections. When a sample is sent abroad, the data is subject to the privacy laws of the foreign country, circumventing Israeli protections against discrimination by insurance companies or employers. Consumers also risk that commercial test results could inadvertently raise complex family or religious status questions, which the Israeli legal system prevents from being decided outside of a controlled court process.