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As members of the American public have become increasingly aware of
these state-based Baby DNA warehouses, government ownership of newborn
DNA, and government research on infants without parent consent,
lawsuits against state
departments of health have emerged in Minnesota and in Texas.
In Minnesota, a
lawsuit was filed by 9 families against the
Minnesota Department of Health and the State of Minnesota on March 11,
2009. At the request of the Department, a Hennepin County judge
dismissed the case on November 24, 2009. The case will be appealed. The
attorney filed a notice of his plans to appeal on January 13, 2010.
In Texas, five parents filed a lawsuit through the Texas Civil
Rights Project on March 12, 2009. Texas settled their
lawsuit by agreeing to destroy blood spots collected without parent
consent since 2002 (all blood spots before a
May 27, 2009 opt-out bill became law), but keeping the genetic test
results indefinitely. The new law allows retention of
newborn blood spots (DNA) unless parents sign a form either the day of
the screening when they receive the form or any time in the future (state
form).
Thus, Texas parents were not given consent rights by the
legislature. Only dissent rights were allowed. The May 2009 law gives
Texas "first dibs" to the DNA of every newborn citizen allowing
government storage, use and research on infants without parent consent.
Only if the parent acts is the child protected from genetic analysis
and research.
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