Claim:
It is illegal to do a DNA test in Israel.
Rating:
False ( About this rating? )
Context:
While genetic testing is not outright illegal in Israel, there are significant legal restrictions that limit access to DNA tests.
In August 2024, a rumor spread on social media that doing a DNA test in Israel was illegal. Some social media users claimed this was because it would reveal many Israelis were not ethnically Jewish or did not have ancestors from the Middle East.
One X user , whose post had amassed more than 3.8 million views as of this writing, asked ( archived ): "Why is it illegal to do a DNA test in 'Israel'?"
Another claimed : "DNA test in Israel is not only illegal, it's illegal to show the results of a DNA test or talk about it if you got the DNA test anywhere else in the world."
Similary, one November 2023 Facebook post read : "Did you know it's illegal for ppl in Israel to do a DNA test. Why? Cause they know they aren't the real Jews," while a month later an X user wrote : "Israeli settlers are mostly from Europe and their ancestors have never stepped foot in the Middle East. That's why they don't permit DNA testing there."
One Instagram post on the topic referenced an article published by The Jerusalem Post with the title: "Want to fully understand your family genealogy? Not without a court order."
The claim circulated elsewhere on X over the past year and on TikTok .
In short, while Israel imposes significant regulatory restrictions on DNA testing, particularly those related to familial ties, the claim that DNA tests are outright illegal in Israel is "False."
We reached out to Israel's Ministry of Justice for comment, but had not received a response by the time of publication. Israel's Ministry of Health later told us via email (translated from Hebrew):
According to the provisions of the Genetic Information Law, genetic tests can only be performed in Israel in medical-genetic laboratories approved by the Ministry of Health according to the conditions specified in the law.
The purpose of the law is to maintain the quality of the tests, the privacy and medical confidentiality of subjects, as well as the protection of the rights of minors and other special populations in the context of genetics.
What the Law Actually Says
The confusion stems from Israel's Genetic Information Law (2000), which regulates genetic testing to protect privacy and prevent misuse of genetic data. The law doesn't prohibit DNA tests outright but imposes strict regulations, especially on tests that determine familial relationships. For example, paternity tests in Israel can only be conducted with a court order. "A genetic test for family ties [...] will not be conducted except by order of a family court," the law states (we translated it from Hebrew). This is part of a broader framework designed to protect individuals from having their genetic information used without proper oversight.
Further confirmation that genetic testing is not outright illegal in Israel, but regulated for specific medical and preventive purposes, can be found on Israel's Ministry of Health website. A section titled "Recommendations for Genetic Testing" outlines guidelines for screening tests aimed at identifying couples at risk of passing severe genetic conditions on to their children.
Legal But Highly Regulated
In 2019, The Times of Israel reported that MyHeritage DNA testing kit was not available in Israel, as the country "does not allow private genetic health screening." Similarly, Ynet news website reported in 2019: "In Israel it is forbidden to sell home kits for DNA testing. One of the leading companies in this market is MyHeritage - an Israeli company, but an Israeli who tries to order such a home kit through its website, will not find a price, or delivery options. This service is blocked for Israelis."
Israel Democracy Institute also reported that the sale of DNA testing home kits is prohibited in Israel, adding that "quite a few Israelis manage to circumvent the ban."
In 2019, Israel's Ministry of Health confirmed to Ynet that it is impossible to conduct a DNA test in Israel without a court order and that "the law does not allow the sale of such kits in Israel." However, when asked specifically about the use of ancestry kits for personal curiosity, and not for health reasons, the Ministry staff indicated that they did not recognize this type of application. It also explained that, according to the Genetic Information Law, a DNA test should only be conducted in a recognized and licensed genetic laboratory or genetic institute, and "such a thing cannot exist in kits sold directly to the public."
Reasons Behind the Restrictions
The Ministry of Health highlighted concerns regarding the reliability and interpretation of DNA testing kits, noting that such kits are "heavily criticized for their degree of reliability, interpretation of results, and potential impact on the individuals and their families." Regarding genetic tests to determine family ties, the ministry emphasized that the law requires a court order to authorize such tests, ensuring the decision is made with consideration of "the best interests of all involved." Officials further stressed the potential consequences of performing these tests, particularly in the context of religious law, where results could have significant implications (emphasis ours):
Some of the considerations are for fear of serious harm to the benefit of minors or future children in the family, due to the possibility of being labeled as b*st*rds that will cause damage to their fitness to marry in Israel according to Jewish law. There may be harmful consequences in the religious law of other religions as well. In addition, there is a need for a process that ensures informed consent to the test on the part of all subjects, and admissibility of the results in a relevant legal proceeding (alimony, inheritance, etc.). Therefore, It is prohibited to market in Israel kits intended for genetic self-examination - in any medical matter, as well as for testing family ties.
Israel's Ministry of Justice told Ynet that "the fear here is that people will find out that they are b*st*rds (that their mother was not married to their biological father but to another man when MK was born) and this could cause them serious problems in the rabbinate."
Similarly, Jonathan J. Klinger, Adv. told Snopes via email a reason for DNA testing restrictions could lie in Jewish religious law, as genetic tests revealing non-biological relationships can have serious consequences:
If I were looking for a rationale it would actually be bastardry. It's tied to the jewish tradition of not revealing bastardry unless there are severe conditions requiring it, because under judaism, a b*st*rd cannot marry anyone but a b*st*rd for several generations down the line:
( link to Wikipedia on the word Mamzer)
Klinger also noted that the at-home DNA testing market has evolved significantly since the law was enacted in 2000:
Let's say, however, that the conspiracy claims are true. Then, how would this be effective? When the law was enacted in 2000, there were no tests to find ancestry similar to what we have today. The law was made to address familial ties. Moreover, even if this wasn't the case, what would prevent my US cousin from doing such a test?
Ordering DNA Kits from Abroad
There was some ambiguity regarding whether such DNA testing kits could be purchased online from Israel and, if so, whether such actions were legally permitted. For instance, the website for 23andMe, a saliva-based DNA testing service, stated that it does ship genetic testing kits to Israel. In contrast, the MyHeritage website indicated that its DNA tests were not available to residents of Israel — however, they also weren't available in France, Iran, Libya, Sudan, Somalia, North Korea, Lebanon, Russia, and Syria.
When asked about the legality of DNA testing kits that can be purchased online, Klinger told us:
This means that any services to inspect familial ties based on DNA are unlicensed in Israel and may be deemed illegal and carry penalties. It does not mean that what 23&Me or other companies do is illegal, because what they do is send the sample kits to Israel, and the "crime" itself may be carried outside Israel, as they can claim that the Israeli law does not apply to them.
I assume that these companies have their own legal team that created the right legal atmosphere to allow it or disallow it.
When Ynet interviewed a company that ships DNA testing kits to Israel, it stated they "follow the import and export laws" and "at the moment, customs does not prohibit it, as there is nothing dangerous in such a sample, and I hope it will continue that way."
It's not the first time we looked at a genetic testing-related claim. For instance, in May 2024, we investigated whether genetic testing company 23andMe sold users' data to the Chinese government. Moreover, in May 2017, we fact-checked a rumor that Ancestry.com can retain the rights to your genetic information if you sign up for their DNA testing.
Sources:
Azoulay, Moran. "Revealed: Rabbinate Making Israelis Undergo Jewish DNA Test before Being Allowed to Marry." Ynetnews, 11 Mar. 2019. www.ynetnews.com, https://www.ynetnews.com/articles/0,7340,L-5476939,00.html .
---. "Revealed: Rabbinate Making Israelis Undergo Jewish DNA Test before Being Allowed to Marry." Ynetnews, 11 Mar. 2019. www.ynetnews.com, https://www.ynetnews.com/articles/0,7340,L-5476939,00.html .
Israeli High Court Allows DNA Testing to Prove Judaism - Israel News - Haaretz.Com. 6 Nov. 2022, https://web.archive.org/web/20221106051323/https://www.haaretz.com/israel-news/2020-01-24/ty-article/.premium/israeli-high-court-allows-dna-testing-to-prove-judaism/0000017f-e13b-d804-ad7f-f1fb85f90000 .
PerryCook, Taija. "Did 23andMe Sell Genetic Data to Chinese Government?" Snopes, 16 May 2024, https://www.snopes.com//fact-check/23andme-selling-data-to-china/ .
Zlotogora, Joël. "Genetics and Genomic Medicine in Israel." Molecular Genetics & Genomic Medicine, vol. 2, no. 2, Mar. 2014, pp. 85–94. PubMed Central, https://doi.org/10.1002/mgg3.73 .
קריסטל, מירב. "מה המוצא האמיתי שלכם: הטרנד הגדול בארה"ב אסור למכירה בישראל." Ynet, 30 Mar. 2019. www.ynet.co.il, https://www.ynet.co.il/articles/0,7340,L-5486172,00.html .
---. "מה המוצא האמיתי שלכם: הטרנד הגדול בארה"ב אסור למכירה בישראל." Ynet, 30 Mar. 2019. www.ynet.co.il, https://www.ynet.co.il/articles/0,7340,L-5486172,00.html .
https://www.health.gov.il/English/Topics/Genetics/checks/Pages/GeneticTestingRecommendations.aspx . Accessed 4 Sept. 2024.
https://www.health.gov.il/English/Topics/Genetics/checks/Pages/GeneticTestingRecommendations.aspx . Accessed 4 Sept. 2024.
Updates:
Sept. 16, 2024: This report was updated to include a response from Israel's Ministry of Health.
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