| The French legislation has passed a law which | | | | market, decreases competition, and drives up prices. |
| prohibits testing for paternity without the | | | | Business Perspective |
| involvement of the court system. Article 16-11 of the | | | | Pro: DNA laboratories are able to sell a state utility |
| civil code states that in order for an individual to | | | | service to virtually anyone through the postal service. |
| legally conduct a paternity test, he or she must first | | | | The margin on DNA tests is high, and free home kits |
| have a court-appointed lawyer assigned to his or her | | | | can be sent across international borders at a very |
| unique case. The court then has control to decide the | | | | low cost. French labs are much fewer than the |
| consequences of the paternity test results. This | | | | number of labs in other countries, and the likelihood |
| article will explore how one man’s red tape is | | | | of business being conducted outside France is quite |
| another man’s due process. | | | | high. Large international laboratories could predatorily |
| Introduction | | | | price their tests to the point where conducting a |
| The internet has opened up opportunities for many | | | | DNA test can no longer be done locally. |
| DNA laboratories to distribute free paternity test kits | | | | DNA labs that are set up inside France will benefit |
| in hopes of a sale from returned samples. In Europe, | | | | from this legislation because French citizens are not |
| France is the only country that regulates how | | | | permitted to conduct a test outside of the country. |
| paternity tests are conducted. Citizens of other | | | | Although industry protection was not the reason for |
| European nations are free to satisfy their own | | | | adding this article to the civil code, French labs |
| curiosities and nagging doubts, while French citizens | | | | capture the entire national market for paternity |
| jump through hoops. Regulation and red tape protect | | | | testing. |
| some while hindering others. | | | | Con: Article 16 almost creates a public sector for |
| Society Perspective | | | | paternity testing. The market size is reduced because |
| Pro: In 1941, the French government adopted a law | | | | fewer people will be willing conduct a test because of |
| called Accouchement Sous X, or Childbirth | | | | the increased complexity. In other countries, such as |
| Under X. This law allows a French woman to enter a | | | | the UK and Germany, an individual can conduct a test |
| hospital anonymously by signing her name as an X. | | | | almost whimsically. Having this new technology |
| Her identity and her child’s identity are both | | | | available to the general public at an affordable price |
| kept anonymous. For a mother who has given birth | | | | has expanded the market size and allowed |
| anonymously, for whatever reason, a paternity test | | | | businesses to grow. In France, prices are relatively |
| would surely break the anonymity. Mothers seeking | | | | fixed. Consumers make choices based more on |
| refuge under the X law will undoubtedly seek the | | | | location than on price and quality. |
| same protection under Article 16. | | | | The legislation also creates an entry barrier for other |
| Alleged fathers will also benefit from this law because | | | | companies to enter the French market. In order for a |
| assessing paternity usually means child support | | | | laboratory in the UK to compete in France, it would |
| payments. Years of due arrears may be charged to | | | | need to expand operations and build inside the |
| an alleged father if it is found that he is the biological | | | | country. This infeasibility deters many businesses |
| father. Having a lawyer involved in the process for | | | | from expanding into France. |
| each case’s beginning will give greater | | | | Conclusion |
| credibility to the test and its results. The transition | | | | To some, red tape is an annoyance; to others, it is |
| from results to court decision is also smoothed and | | | | due process. Although Article 16-11 forces French |
| hastened by having a court-appointed lawyer. | | | | citizens to undergo a more lengthy process when |
| Con: It’s hard to say just how many people | | | | conducting a paternity test and hinders business |
| have forgone a paternity test because of the red | | | | competition, the article serves the best interest of |
| tape involved. The majority of single mothers are in a | | | | the people. To make this legislation less burdensome, |
| less-than-favorable financial condition and probably | | | | the court-appointed lawyer should be paid for by the |
| can’t afford to hire a lawyer. | | | | state. This will allow more citizens to find the answers |
| Placing restriction on business operations shrinks the | | | | to their family-relation questions. |