Abstract

LA SPINA, Encarnación. DNA Testing for Family Reunification in Europe: An Exceptional Resource?. Migr. Inter [online]. 2012, vol.6, n.3, pp.39-74. ISSN 2594-0279.

In Europe, several countries are adopting more stringent immigration policies to restrict the number of immigrants crossing their borders. This has affected immigration for the purpose of work and especially of family reunification, where strict subjective and material conditions control its exercise. One of these involves testing the existence of kinship ties. Exceptionally, in cases of doubt or insufficient evidence, DNA testing is allowed. This article offers a critical analysis of the widespread use of genetic testing in family reunification procedures in European countries, especially Spain. On the one hand, its practice has been regulated in the European Aliens Act and on the other hand, particularly in the Spanish case, its possible incompatibility with the protection and guarantees of fundamental rights demanded at international and national levels is highlighted.

Keywords : DNA tests; immigrants; family reunification; Europe; Spain.

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