New York and DNA testing

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Collecting and mailing DNA tests in New York

New York is the only state in the United States that does not allow DNA testing by mail.  Collecting and mailing your own DNA sample in the state of New York is prohibited under New York State Public Health Law (Article 5, Title V, Section 574) and regulations (Part 58-1.10 (g) of 10NYCRR).  

Simply put, under the New York health regulations a person wanting to have DNA or genetic testing done in New York should:

  • Obtain permission from a physician or lawyer for DNA testing

  • Have the DNA sample collected by a physician under chain of custody

  • Use a testing laboratory in the State of New York

  • Ensure the laboratory doing the DNA test holds a New York State Department of Health certification

  • Obtain permission to view their DNA results from a physician or lawyer

These extra hurdles are unique to New York residents in the United States.  Because of them we, and many other DNA testing companies, are dissuaded from offering our services to residents of New York State.

While we believe these regulations serve a purpose:

If a customer in New York does order a test kit from us we will send one to them under the implied understanding that the sample will not be collected in the state of New York (crossing into a neighboring state to swab the cheek) and will not be mailed from inside New York to our laboratory (again, in a neighboring state). 

As a general rule we do not, or in most cases cannot, determine from where a package is mailed.  Packages sent from New York to our laboratory run the risk of being discarded and destroyed, as to not run afoul of New York law.  Samples discarded in this manner may not be eligible for a refund.

For additional questions contact us or email us at Info@ValidityGenetics.com

Common Types of DNA samples

What can be tested for traces of DNA?

Foensic DNA Test samples

How is a normal DNA sample gathered?

For DNA testing the most popular and reliable way to collect samples is the oral buccal swab method. A buccal swab closely resembles a one ended Q-Tip in appearance. Using swabs as a collection method is quick and painless and is the recommended way to collect DNA samples for testing.

In cases where an oral swab sample cannot be obtained (the individual to be tested is missing, deceased, unwilling or unable to participate) a forensic sample can be submitted for testing. Most DNA companies will charge an additional fee for each forensic sample used in place of a swab.

Are there risks to sending a forensic sample?

Yes, one of the risks of sending a forensic sample for DNA testing is the quality of the DNA in a forensic sample cannot be guaranteed. There is a chance that the DNA in the sample submitted is degraded, contaminated, or insufficient. In these cases even the most advanced laboratories in the world may not be able to obtain any usable DNA information. In these cases DNA companies will still charge you the full cost even if the attempt is unsuccessful.

What types of samples can be tested for DNA?

A few examples of DNA forensic samples which are commonly submitted to a DNA laboratory for testing include:

  • Dried blood stains (dried blood on bandages, on tissue, cotton, or paper)

  • Dried saliva stains (cigarette butts, stamps, stains on clothing or napkins)

  • Hair, you will need 6-8 strands per test. (Hair works best if it is taken directly from the head. Hair which has fallen out of the head naturally may work as well. Cut hair will not work, the strands of hair must have roots, that is where the DNA is located)

  • Dried underwear stains (pads, tampons, diapers)

  • Dried semen stains (tissue, underwear, bed sheets)

  • Fingernail clippings can work, but are at a much lower chance of success (6+ or more clippings to ensure a higher success rate)

  • Teeth (Molar, premolar, and canine work best. Higher costs are usually involved, best to contact the lab you are looking at before you order a test)

When it comes down to it, any sample which contains biological material has a chance of working. It also has a higher chance of not being usable, or contain enough DNA to be usable in a DNA test.

If you have any questions in regards to your situation, please contact us or email us at Info@ValidityGenetics.com directly.

Frequently Asked Questions

DNA and Paternity testing FAQs

Can I do a paternity/maternity test without the father or mother (deceased or unavailable)?

It is possible to establish paternity even without doing an paternity test. Paternity can be established by testing relative of the alleged father or your sibling (Ex: Grandparent, Avuncular, or Y-STR test). If only the child and relative of alleged father are tested, the results may not be as accurate. If the mother’s DNA sample is available for the testing, the results will be more conclusive.

How long can DNA samples last?

The DNA found in saliva, blood, and other biological material can be stored for a long time. However we always recommend collecting fresh samples for successful DNA extraction. If swabs are used, it’s important to leave swabs to dry completely before being placed in an envelope and sending to the laboratory.

What can be tested for DNA in an infidelity analysis?

We are able to analyze suspiciously stained items, garments, bed sheets etc. that may have semen, saliva or DNA material on them. Our laboratory can perform tests to detect the presence of DNA, semen, or saliva. Further DNA comparison testing can then be performed to determine if the DNA found belongs to the person requesting the test or another person. Click Here for examples of samples.

What is the difference between an Informational (Home) DNA test and Legal DNA test?

The Informational or Home DNA test, such as a Home Paternity DNA Test, is suitable for individuals who wish to find answers before taking the next step, or simply for peace of mind. When a private home test is ordered, a buccal swab (mouth swab) DNA kit is sent directly to the parties involved in the test for sample collection. The sample collection process is quick and easy and takes just minutes to complete. If the participants live at different addresses or even in different states we can send separate kits to all involved using our Split Kit Add-on.

The Legal DNA test, such as a Legal Paternity DNA Test, is intended for court use and is accepted as legal proof of relationship in court. A collection kit will be sent with instructions to an unbiased third party (collection agent, doctor clinic, or unrelated party, etc.) who must adhere to the chain of custody to ensure it is legally acceptable.  This kit cannot be sent to the home of, handled by a participant in the DNA test or a relative of any participant in the test.  Failure to provide a third party address may invalidate the results.

How old does a child need to be before testing?

DNA testing can be performed on individuals at any age. Sample collection can even occur on the day of birth.

Does the mother need to be tested for a paternity test?

No, not if only the alleged father is in question. While a conclusive answer regarding paternity can be obtained without testing the mother we recommend including a sample for comparison.

Does the mother need to participate in DNA tests such as an Avuncular or Grandparent test?

We highly recommend it. Having the mothers sample to compare and contrast the samples against will increase the accuracy of the test. If the mother does not participate there is a significant chance the test results will come back inconclusive.

Can paternity be determined if the alleged father is not available for testing?

If the alleged father is unavailable and his parents are alive, a Grand-parent DNA test can be collected. If he has any siblings, then an Aunt or Uncle (Avuncular) DNA test can be performed. If the alleged father has other children, then a full or half Sibling DNA test can be done. Also forensic DNA testing may be considered an option using items which may contain the alleged father's DNA. Forensic DNA testing can be performed any anything that has biological material from the father such as an old toothbrush, electric razer, blood stains, saliva stains, and teeth (This type of test will be created and tailored specifically to the clients needs. Please contact us in this event prior to ordering the test).

How is the DNA sample collected from a buccal swab?

DNA is collected by rubbing a brush gently inside the mouth against the cheek for 15 seconds. The swab will collect squamous epithelial cheek skin cells which contain DNA. The collection is safe and painless and can be performed on individuals at any age, including infants. 

In order for the tests to be as accurate as possible please allow the swab to dry before placing mailing. Allowing the swabs to air dry (do not use heated elements to force the swab to dry. i.e. hairdryer) will help to prevent contamination.

See below for accurate details on DNA collection:

 

DNA Collection Instructions

 

How accurate is a paternity DNA test?

Our paternity tests are extremely accurate in answering questions of parentage. Since we report 23 different genetic markers (we actually test for more) to build the genetic profile, our test is over ten times more accurate than legally required. And even more accurate than DNA collected by the Federal database, known as CODIS. The results are in excess of 99.99% for paternity tests, and can reach an even higher accuaracy if the mothers sample is also included.

What payments options are available?

We currently accept all major credit cards (Visa, MasterCard, American Express, Discover), Apple Pay, and PayPal as payment.

Additionally we do offer flexible payment options via Klarna, Affirm, and Afterpay. Afterpay is available direct from our website while Klarna and Affirm are available via invoicing.

How long can I store the samples after collection before shipping it to the lab?

We recommend that you send the samples back to our laboratory for testing as soon as possible after sample collection. However, the samples are stable at room temperature and can stay viable for quite some time. But we do recommend, for best results, to send them as quickly as possible.

Sample Retention Pre-Testing

All samples are checked in as soon as they arrive at our laboratory and are subject to a 90-day retention period. If all samples have not arrived, or the test info is not updated - in events where client action is needed, the samples can be disposed of without notice. Please reach out to us if you need an extension.

Sample Retention Post-Testing

Oral Swabs

Oral swabs are destroyed during testing and are not kept past their use date.

NSS (Non-Standard Samples or Special Samples)

We retain NSS samples (Special Samples such as undergarments, toothbrushes, bed sheets, etc.) for approximately 30 days after testing. After this period, we destroy and dispose of the samples following our internal guidelines. We highly encourage all testing to be done as soon as possible or to request an extension to the holding period.

How will I receive my DNA test results?

Test results will be emailed to the email address provided at checkout.

If you want your results sent to multiple emails please let us know when upon checkout in the Additional Info section, Contact Us through our website, or email us at Info@ValidityGenetics.com with your order number and the email address to send the additional info to.

What shipping options are AVAILABLE?

We offer free First Class USPS shipping on all of our testing options. Free shipping takes between 3-5 days.

UPS Next Business Day shipping is also available. The cut off for shipping is 10 am MST (our scheduled daily UPS pickup is 11 am on weekdays).

All UPS Next Business Day shipping orders placed after 10 am MST are sent out the next day. All UPS Next Business Day shipping orders placed on weekends are sent out the earliest open weekday (e.g. an order placed after 10am Friday, and through Sunday, will be shipped on Monday at 11am, holidays and days UPS is closed are excluded).

How long does it take to get the results of the DNA test?

We can proudly say we have the fastest turn around time for DNA and genetic testing in the industry, but this also depends on the type of test ordered.

For most informational and legal tests it takes as little as two (2) to three (3) business days* from the receipt of the sample at our laboratory. 

Infidelity and cases involving special samples or forensic DNA work it will take a minimum of five (5) or seven (7) business days from sample receipt at our laboratory. The turn around time for special order forensic DNA testing will vary on the test performed and can be in excess of several weeks depending on the samples provided.

For Non-Invasive Prenatal Paternity Testing takes up to seven (7) business days from receipt in the mail.

Rush processing is available to expedite turnaround times on most cases.

*Business days are defined as normal working days (Monday through Friday) not including holidays.


 For additional questions or if there is something you think we should add to our list, contact us or email us at Info@ValidityGenetics.com

DNA and Legal Paternity Testing FAQs

What is DNA and Genetic Testing

What is DNA and genetic testing?

DNA profiling used as a unique identifier was discovered in the 1980s. However, the genetic testing as we know it today was not developed until a decade later. 

The premise of DNA and genetic testing is centered on the fact that (other than identical twins) each person’s DNA is completely unique. 

This means that DNA can be used as human identification because of the unique STR loci that exist on autosomes and sex chromosomes within human DNA.

These chromosomes and STR loci can also be analyzed for forensic use and in legal proceedings. 

DNA as a unique identifier

Our DNA is constant and can’t be changed – unlike physical appearance which may change over time. A genetic identity can be used as a permanent identifier for every single individual on the planet.

Half of this unique set of information is passed down between parents and their children.  Thus enabling DNA to be used as a unique and reliable form of identification for paternity, siblings, and related parties.

For additional questions contact us or email us at Info@ValidityGenetics.com

What is AABB Accreditation?

Why does accreditation matter in DNA and genetic testing?

Firstly, what does AAbb accreditation even mean?

This certification is given to a very select few DNA laboratories that have undergone a highly intensive and rigorous inspection of their testing facilities and techniques to ensure all tests are done accurately and thoroughly with attention to detail.  It is an accreditation bestowed by the AABB (formerly the American Association of Blood Banks) and all laboratories with the accreditation are subject to proficiency tests and bi-annual re-inspections. Standards for the AABB accreditation can be found here

DNA Testing SHould be Done with an AABB and ISO accredited Labratory

DNA testing should be done with a company offering AABB and ISO accredited results

Why does AABB matter to a DNA test?

Holding an AABB accreditation means a laboratory is on par with the best in the world and holds itself to the highest of measures within the DNA testing community.  An AABB accredited lab exceeds the industry standards in technique, accuracy, and modern scientific processes.

Additionally facilities with the AABB accreditation are the only DNA testing laboratories acknowledged by the U.S. Government to perform legal court admissible DNA tests, as well as provide services for the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services (USCIS).
 

What other DNA Lab certifications are there?

If a laboratories meets AABB standards they are usually also certified to International Organization for Standardization (ISO) standards for technical competence, calibration, and lab testing. A laboratory compliant with ISO 17025:2005 and ISO 9001:2008 standards should incorporate the most advanced technical and quality management systems into all DNA, forensic, and genetic testing.

In addition a DNA and genetic testing laboratory may also hold accreditation or certification from national and international bodies such as:

Take away

DNA companies and their laboratories are governed by many standards, accreditation’s, and certifications. The most important of which is AABB and ISO. If your DNA test is important to you and you want the results to be as accurate as they can be, whether an informational Paternity DNA Test for private use or a legal Sibling DNA Test to be used in a legal matter, make sure the company that handles your DNA test offers AABB accredited and ISO certified results via an accredited laboratory.

 For additional questions contact us or email us at Info@ValidityGenetics.com