On June 30, CIS Ombudsman issued its 2009 annual report to congress. Included in the report were three recommendations regarding DNA testing for immigration. These recommendations are numbered 6-8 and are found on pages 45 and 46 of the annual report.

Recommendation 6

“The Ombudsman recommends that USCIS remove references to obsolete blood testing methods from the Adjudicator’s Field Manual and other published guidelines.”

Basically, they need to rewrite the manual, and bring all the field officers into the 21st century. The report discusses current references to blood testing, which is invasive, more difficult, and no longer widely available. The new method, obtaining DNA from a cheek swab, is simple, painless, non-invasive, and is much easier to transport. All AABB accredited laboratories now prefer DNA testing with cheek swabs.

Recommendation 7

“The Ombudsman recommends that USCIS continue to coordinate with the U.S. Department of State regarding DNA testing procedures and execute a Memorandum of Understanding(MOU) with DOS for resource allocation for DNA evidence gathering and chain-of-custody observance abroad.”

Chain of custody is the key here. In order for DNA test results to be legitimate the person collecting the samples must be credible. If not, we could have some instances of sample switching.

In reference to resource allocation for DNA evidence gathering, The DOS should certify more doctors, or other professionals to perform DNA collections overseas. Clients get an RFE stating they have 90 days to prove relatedness using DNA testing, then they have to wait 120 days to get a DNA collection appointment at the U.S. Embassy. These families have been waiting years to be together with loved ones, and DNA testing is the only thing holding them back. Let’s open up a few more registers to shorten the lines.

Recommendation 8

“The Ombudsman recommends that USCIS designate a USCIS DNA liaison to facilitate discussions between USCIS and the U.S. Department of State, as well as to periodically provide clarifications to DNA laboratories.”

THANK YOU!!! Our only goal here is to get DNA testing done for our clients as quickly as possible. We are constantly working to develop relationships with individual embassies to discuss expected turnaround times, estimated number of DNA test requests, preferred shipping methods, along with fees for overseas collections. A liaison would be able to answer all these questions for all laboratories, improving the process for immigrants, embassies, and laboratories.

USCIS reports it is, “ considering various options that may speed up the adjudication process.” Ombudsman gives CIS some valid places to start; eliminate obsolete methods, provide additional resources, designate a DNA liaison. Maybe President Obama will name me DNA Czar.

When I tell people I work for Boston Paternity, they usually come out with come smart  comment like, “Ohhh you find baby’s daddies” or, “Do you do paternity testing for Maury?” I respond by telling people that some of what we do is related to paternity testing, and some of the stories are definitely Maury worthy. But Boston Paternity does more than test paternity. We help individuals and families with all sorts of relationship testing. “Relationship Testing”, as explained in the Ombudsman Annual Report 2009, is broader in scope than previously used terms like “parentage testing” or “paternity testing”. It’s more explanatory than “genetic testing” which describes the process of analyzing genetic markers for purposes other than proving relationships.

Used especially in the context of immigration, relationship testing refers to any test which provides evidence of a family relationship. “DNA testing” is the most accurate form of relationship testing.

Relationship testing includes paternity testing, and also incorporates maternity testing, siblingship testing, grandparentage testing, avuncular testing, and twins testing. The list goes on and on. Relationship DNA testing gives us the capability of proving close as well as distant biological relationships.

Next time someone tells you they work for a DNA testing company, you can come out with some smart comment like, “Ohhh you find baby’s mommies” or, “Do you do avuncular testing for Maury?”

Mark Lester, long time friend and alleged sperm donor to Michael Jackson, will not receive a court ordered paternity test in California. At least that’s my opinion, and it’s shared by others with some knowledge of state paternity laws.

California prevents paternity testing after the child is two years old, making it impossible for Lester to claim paternity of any of Jackson’s children who are 12, 11, and 7.

In addition, state law protects children who are born in wedlock, even if the husband is not the biological father. This precedent is debatable, though it would be in the best interest of the child in most of these situations.

Lester is the godfather of all three of Jackson’s children, and I don’t see any bad intentions presenting themselves. I am confused that a guy like Lester, who is supposed to be Michael’s long time friend, would go against his will by petitioning paternity.

Do you think he has a shot at a paternity test?

A new Texas law, which took effect in 2001, allows defendants who were convicted with DNA evidence to petition for DNA retesting. Now Harris County has about 200 pending requests, and they receive an additional 12-15 each month. Court officials have assigned three attorneys to determine which cases have legitimate chances of finding exculpatory evidence.

Chron.com reported the attorneys assigned to go through cases are veteran defense attorney Bob Wicoff, defense attorney Thomas Martin, and former prosecutor Kelly Smith. Columnist, James Pinkerton, interviewed the three attorneys, who had some interesting feedback on what to expect from the case reviews.

Wicoff stated that crime labs and law enforcement have become incestuous, making results unreliable. This statement seems obvious, but many folks seem to turn their heads thinking law enforcement would never manipulate testing results to get what they needed.

Although the attorneys make no real guesses as to how many exonerations will come out of these 200 cases, Wicoff said, “Maybe none, maybe 30.” It sure will be interesting to follow the review of these cases.

The only true way of getting fair and unbiased DNA test results is to hire an independent forensic DNA laboratory to complete the testing. Instead, we have prosecutors spending millions in tax dollars to get evidence to convict defendants. Then the state has to spend millions more to give the defendant a fair second opinion. It doesn’t make much sense to me.

In a long, hard fought battle for the Greater Lawrence Roberto Clemente 9-10 Year Old Baseball title, the Boston Paternity Cardinals reigned as champions. The 2009 season marks the 18th for the Roberto Clemente League, which provides a positive experience for over 300 children in Lawrence.

League President, Isabel Melendez, began the Roberto Clemente Baseball League as a way to develop the athletic abilities of local children as well as other characteristics like teamwork, discipline, and fair play.

It takes a lot of work to organize and manage a youth baseball league, and Boston Paternity is proud to be a part of a well run program like the Roberto Clemente League in Lawrence, MA. This was our first year as a team sponsor, and we will definitely sponsor a team again in 2010. 

Surprise, surprise, there’s another Hollywood paternity suit unraveling before our eyes. This one involves British actor, Jude Law, and American model, Samantha Burke. Burke, 24, is seven months pregnant and claims Jude is the father of her unborn child.

Law doesn’t deny he might be the father, but a spokesperson said he wants a paternity test so he can be 100% certain. Jude already has three kids with his ex-wife, and he says he’ll be a great father to this one, if and when he finds out it’s his.

Unfortunately, the DNA test will need to wait two months, until the already named, Sophia, is born. If Burke would have come forward six weeks earlier, a prenatal paternity test could have been performed. Pre-birth DNA tests are becoming more common, as many men feel uncomfortable supporting a woman through a pregnancy when they are unsure if they are the biological father of the child. Prenatal testing needs to be completed before week 24 of pregnancy to reduce health risks to mother and child.

It looks like Jude will be on pins and needles until October.