M.A. Thesis:

Juridical and legal authenticity for analyzing of genetic markers to prove or deny blood relationship

One of the newest innovations in legal medicine is DNA test or “genetic fingerprinting” technology which is widely being used as an independent proof in different countries around the world for claims related to authentication of people. This technology is based on number of DNA repeats of markers called microsatellite on segments of DNA markers and comparison of these numbers is a unique number. This technology with 99.99% accuracy has a much lower degree of error than traditional proofs and Hypothetical evidences. However, most Iranian lawyers agree on the credulity and validity of the results of this test. But, to give credit to the results of this test it seems that a severe legal gap exists. Hence, in the Iranian judicial process there is no Procedural harmony in this regard and unity is not evident and contradictory opinions have been issued. In this research, based on Argumentum of “usage of custom and wise”, acting based on “Authority of Presumption to The Knowledge, Negation by Al-Masoom, “Systematic approach”, relationship proofing evidences, and also necessity and appropriateness to time and place, Jurisprudential and Judiciary validation, usage of biogenetics and authority to use of microsatellite markers as an independent evidence in family court cases to approve or disapprove of blood relationship is studied as follows.

Keywords: microsatellite markers, DNA, natural family relationship, authority of resumption to the knowledge.