Life-saving DNA tests scuppered by law to prevent organ removal

GRIEVING families are being blocked from obtaining cheek swab DNA samples from dead relatives – by a law to protect against organ removal.

Experts say that the service, which was being offered by an increasing number of undertakers, could help save surviving relatives’ lives by shedding light on inherited diseases. But Government watchdog the Human Tissue Authority (HTA) has ruled they can take a saliva swab from dead people only on licensed premises, such as hospitals, to conform with the terms of the Human Tissue Act 2004.

This was introduced in the wake of the Alder Hey baby organ scandal in Liverpool when organs were removed from dead babies without their parents’ permission from 1988 to 1995.

Those who offer the service claim this has effectively blocked them from carrying out the ten-second procedure, which costs about £250.

About 150 undertakers were offering it, but the National Association of Funeral Directors has now advised all members to cease for fear of prosecution. Last night Simon Rothwell, who runs sample service DNA Memorial, claimed: ‘This ludicrous legal interpretation of the law is stopping families receiving a vital gift from their relatives.’

Professor Nicholas James, director of the Cancer Research Unit at Warwick University, said restricting DNA preservation services would ‘undoubtedly’ limit the advantages they bring.

An HTA spokesman said: ‘We always look to work with services to provide advice and guidance so they operate under the requirements of the Human Tissue Act.’