Push to legalise DNA ancestry tests in France

A French advisory body has reignited debate over DNA ancestry kits, arguing they should be legal for genealogical use under certain conditions.

The Conseil économique, social et environnemental (CESE) said DNA tests to identify direct parental lineage and trace ancestry should be permitted. 

The CESE is France’s third-highest constitutional body, bringing together representatives from across society to advise on social and economic policies.

However, it argues that genetic testing relating to medical issues should remain strictly 

regulated, and tests for ‘ethnic’ origins should remain prohibited.

The comments come as the group convened a National Bioethics Conference, which is seeking to tackle major issues in the sector, and the view aligns with a recent citizen committee on the matter, which is pushing for a 2027 rule change.

Hundreds of thousands break law each year with DNA tests

Current rules state that people cannot have a DNA test (test génétique) in France without a medical prescription or legal request and risk a fine of up to €3,750 if they do.

Article 226-28-1 of the French Penal Code stipulates that "the act, by a person, of requesting the examination of their own genetic characteristics or those of a third party outside the conditions provided for by law (outside a judicial or medical framework),” is subject to the fine.

In practice however, between 100,000 to 150,000 breach these regulations annually by using their saliva or other DNA as part of ‘heritage kits’. 

They send these DNA samples to companies based outside of France – often in the US – who then use the information to trace a person’s genetic ancestry. 

Kits can estimate where people’s ancestors roughly came from, and are incredibly popular as people look to obtain insight on their heritage and history.

The CESE believes that due to the interest in the matter, these tests should be decriminalised “legalising access to tests for the purpose of knowing one's origins.”

However, the CESE caveats that “If identity research becomes legal, freely accessible predictive medical tests and ethnic origin tests (often scientifically flawed and based on ideological biases) must remain formally prohibited and severely punished.”

Concerns over DNA testing for ancestry purposes remain, particularly as data is managed outside of France.

Last year, the French commission for civil liberties warned about the possibility of those who had used kits from US-based ‘23 and me’ seeing their data sold when the company collapsed in 2025.

The CESE also points towards the use of other DNA kits that can help with more direct parental questions, particularly in the case of people who do not know their parents or were born via donors, etc. 

“This illegal practice is not simply a matter of recreational curiosity: it stems from a profound quest for identity, intimately linked to the evolution of family structures,” the group said.

“Knowing one's biological history is a fundamental need, particularly for people born anonymously, adopted children, or those conceived through assisted reproductive technology (ART) with a third-party donor.”

Rules for genetic tests relating to medical history – such as the historical prevalence of certain illnesses in a person’s family history – should remain under current regulations, the CESE argued.

To acquire such a test, a person needs a medical prescription from a doctor or healthcare professional. 

You can access CESE’s full publication on its website here.