Wednesday, March 9, 2011

Establishing Paternity by Means of Blood Type Testing


MedEthics by Prof.Dov Frimer

A. Introduction

Significant developments have occurred in the field of hemato- logy during the past generation, and research in the area continues to advance. Scientists are firmly of the opinion that proper use of ABO blood type testing enables one to establish in most cases the negative determination of a paternity, namely that X is not the father of Y.[1] At the same time, the medical community acknow- ledges that a satisfactory method for positive, definite determin- ation that X is the father of Y, on the basis of ABO blood types, has yet to be developed.[2] Despite all this, judges in Anglo-Saxon countries are quite reluctant fully to accept paternity blood testing with all its ramifications. It is their opinion that the law should proceed cautiously when dealing with the adoption of new tests and examinations in an area which is under going rapid change and development.[3]

In this article I shall analyze and compare the attitudes of Jewish law and of Israeli law towards the use of blood testing in determining questions of paternity. To achieve this aim, three questions must be investigated: [...]


3 comments:

  1. I understand that establishing negative paternity by means of blood type testing, has currently been replaced with DNA testing, since DNA testing is believed to provide greater accuracy.

    ReplyDelete
  2. is there a newer article, that isn't 20 years old, about this topic?

    ReplyDelete
  3. The industry standard today is DNA testing.

    For (newer) halachic sources petaining to this subject see here:
    ישורון - מאסף תורני - כרך יב Nissan 5763 -
    http://www.hebrewbooks.org/pdfpager.aspx?req=46420&st=&pgnum=479

    See also "די.אן.איי. בהלכה", with accompanying source notes:
    http://olamot.net/shiur/%D7%93%D7%99%D7%90%D7%9F%D7%90%D7%99%D7%99-%D7%91%D7%94%D7%9C%D7%9B%D7%94

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