Legal and practical challenges of applying DNA fingerprinting in civil cases

Abstract

This study aimed to examine whether DNA testing (DNA fingerprinting) is admissible evidence in civil cases, and its legality and evidentiary value in civil proceedings, given the absence of specific provisions regulating this matter in Jordanian legislation. The study explores the legal issues surrounding DNA fingerprinting, employing a descriptive, analytical, and comparative approach. A questionnaire was used as the data collection tool, analyzing legal texts, jurisprudential theories, and judicial rulings related to the theory of civil evidence concerning DNA fingerprinting. The study also compares different legal systems, such as French, Egyptian, and Tunisian law.
The study reached several conclusions, most notably that while some comparative legislations have generally adopted DNA fingerprinting and its role in proving civil cases, the Jordanian legislator has not directly addressed DNA fingerprinting as evidence in civil proceedings within its legal framework. However, legal scholars have criticized the admissibility of DNA fingerprinting, arguing that it may not yield accurate results. The study recommended that the use of DNA fingerprinting technology in civil matters be subject to legal controls that ensure the protection of personal privacy and prevent its misuse.