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Ethical And Legal Aspects Of The Application Of Non-invasive Prenatal Paternity Testing In Early Pregnancy In Sexual Assault Survivors

Author(s): Biswal P, Deepak LA, Behera N, Kore AA, Ahmed S, Jaseja S, Singh OG

Cite this article as: Biswal P, Deepak LA, Behera N, Kore AA, Ahmed S, Jaseja S, Singh OG. Ethical And Legal Aspects Of The Application Of Non-invasive Prenatal Paternity Testing In Early Pregnancy In Sexual Assault Survivors. Int J Health Res Medico Leg Prae. 2025 Jan-June;11(1):31-34.

DOI:10.31741/ijhrmlp.v11.i1.2025.5.

Non-invasive prenatal paternity testing (NIPPT) has emerged as a technologically advanced and ethically sensitive tool, especially when applied in early pregnancy among survivors of sexual assault. Unlike traditional invasive methods, NIPPT analyses cell-free foetal DNA circulating in maternal blood, offering a safer alternative with high accuracy as early as the seventh week of gestation. Its application in sexual assault cases presents a complex interplay of ethical, legal, and psychological considerations. In contexts involving minors or individuals with cognitive impairments, consent processes must be especially safeguarded to uphold rights and prevent re-traumatisation. Additionally, considerations around privacy and confidentiality are paramount, as disclosure of paternity results can have significant social and legal consequences, potentially affecting custody decisions, criminal proceedings, and family dynamics. Legally, using NIPPT intersects with criminal justice and family law systems. It may serve as critical evidence in prosecuting sexual offences or in establishing or denying paternal rights. However, variations in jurisdictional laws concerning the admissibility and use of genetic evidence, particularly in ongoing investigations, pose challenges. Moreover, legal protections must be in place to prevent genetic information misuse and support the survivor's rights throughout the legal process. The implementation of NIPPT in these sensitive cases requires clear clinical guidelines, ethical oversight, and legal frameworks that respect the survivor's dignity and protect against secondary victimisation. As technology becomes more accessible, interdisciplinary collaboration is essential to balance its benefits with the complex ethical and legal terrain surrounding its use in early pregnancy following sexual assault.

Keywords: Informed consent, confidentiality, reproductive rights, foetal DNA

Authors

Gambhir Singh Oinam

Pulakit Biswal Co Author

MBBS Student

AIIMS KALYANI

Liya Alsa Deepak Co Author

MBBS Student

AIIMS KALYANI

Nischit Behera Co Author

MBBS Student

AIIMS Kalyani

Atharvaraj Abhijeet Kore Co Author

MBBS Student

AIIMS Kalyani

Shazid Ahmed Co Author

MBBS Student

AIIMS Kalyani

Sneha Jaseja Co Author

MBBS Student

AIIMS Kalyani

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