Collecting DNA samples at death
DNA testing was something that could always be done.
Down the road. Someday. When there was time.
And then, suddenly, there was no more time.
So reader Pat Rand and her husband turned to the funeral director they had chosen for his mother’s funeral and asked for help in getting that last precious sample of DNA.
And ran into a brick wall.
And so, Pat asks, “Do the next of kin of a deceased person have the right to ask a funeral director to take a DNA sample after death? It wasn’t that my mother-in-law wouldn’t have given one if we had asked earlier, it’s just that suddenly I realized it was the last chance we had to get one. The funeral director went absolutely ballistic on me, did everything but froth at the mouth when I asked.”
Oh brother. Was that funeral director ever wrong. Because Pat, her husband and their family should have gotten that sample taken, they should have had the chance to preserve that last genetic connection with the older generation that would live on after their loved one’s death.
And all it would have taken is what you see here: a couple of q-tips and a paper bag. No drawing of a blood sample. No surgical taking of a tissue sample. Just a couple of q-tips and a paper bag.
Let’s deal with the practicalities first. Obtaining a DNA sample from a deceased person is a very simple thing to do. I put the question to Bennett Greenspan, president of Family Tree DNA, the one DNA testing company for genealogy that doesn’t require saliva for its testing.
And he advises that all that’s needed is to have the mortician use a q-tip and scrape inside the cheek of the deceased. Getting one sample from each side of the mouth is best; it gives the greatest chance of collecting enough DNA on the swab.
But, Greenspan says, there’s nothing difficult about handling the swabs after the samples are taken: “Just let the swabs air dry, place in a paper baggie, not plastic, and mail to us with instructions.” (You can contact Family Tree DNA for more information using the contact information here.)
Now let’s turn to the law.
There is no law anywhere in the United States that I could find that bars the next-of-kin from authorizing the taking of a DNA sample from their loved one except, perhaps, in the extraordinary situation where the loved one had expressly stated in writing beforehand that he or she did not want DNA testing to be done.
How could there be such a law? The next-of-kin get to decide what’s done with the body: will there be a burial? A cremation? And every state in the United States — without exception — allows the next-of-kin of a decedent to consent to organ donation.1
And this is pretty much the law around the world: either the next-of-kin can consent to what happens with the body parts or, in some jurisdictions, consent of the deceased is presumed.2
Compared to this grant of authority, taking a tiny bit of DNA on a q-tip is small potatoes. It’d hardly be illegal to do that when you can give away eyes, organs — even the entire body.
As noted, the one exception is where the person, when living, refused to consent to DNA testing. In the organ donation scenario, no means no and if your loved one has a written directive that says no, the law won’t allow the family to override that.3 (And conversely there are now laws in some states that prevent a family from overriding the loved one’s written directive that says yes.4)
American laws don’t speak specifically to that situation for DNA testing — but British laws do. The Human Tissue Authority there dictates that the express wishes of the person, while alive, will control (if the person had been asked and said no, that no remains in force). If the person never was asked, then the next of kin may certainly act.5
And in states that do have laws about genetic testing generally, there’s usually some provision for decisions by a legal representative of the tested person. For example, Oregon has one of the toughest genetic privacy laws in the nation, and it authorizes consent to be given by a person’s personal representative — meaning someone appointed by the court or, in order, the person’s spouse, adult children, parent, or adult siblings.6
This authority of the next-of-kin to act is generally recognized by funeral directors and others involved in the death process around the United States. In Ohio, the Cuyahoga County Medical Examiner accepts the consent from the decedent’s legal custodian and/or next-of-kin.7 The National Funeral Directors Association has an authorization form (online at the Virginia Funeral Directors Association website) for the collection of DNA samples, to be signed by the spouse or next-of-kin.
And by 2013, DNA testing was such a routine part of the funeral business that exhibitors at the industry’s 2013 convention offered preservation kits for sale.8
Moreover, because the funeral home represents the last clear chance to obtain a DNA sample, some industry representatives are advising that funeral directors may face civil liability if they don’t tell the families that they can get a sample at that time. One industry lawyer even advises funeral homes that they should get customers to “sign a form releasing the funeral home from any liability for claims that a DNA sample should have been taken.”9
It’s a darned shame that the Rands’ funeral director went absolutely ballistic when asked to get a DNA sample in this case. His actions deprived that family of a part of their genetic legacy that can’t be completely recovered by testing other family members. The family’s wishes should have controlled.
For the rest of us who may face this situation in the future, a word to the wise: get testing done now. But if time runs out, present the funeral director with your own signed authorization form to take a DNA sample … and a few q-tips and a paper bag.
SOURCES
- See “Uniform Anatomical Gift Act (1968),” “Anatomical Gift Act (1987),” and “Anatomical Gift Act (2006),” National Conference of Commissioners on Uniform State Laws (http://www.uniformlaws.org : accessed 29 Jun 2013). ↩
- See Table 1, Legislation by nation, in Rosenbaum, et al., “The authority of next-of-kin in explicit and presumed consent systems for deceased organ donation: an analysis of 54 nations,” Nephrology Dial Transplantation (June 2012) 27(6): 2533–2546; reprinted online, National Library of Medicine, National Institutes of Health (http://www.ncbi.nlm.nih.gov/ : accessed 29 Jun 2013). ↩
- See generally “The Donation of Human Organs,” Stanford Encyclopedia of Philosophy ( : accessed 29 Jun 2013) (“Even if the family want to donate, the deceased’s objection will veto retrieval”). ↩
- See, e.g., N.Y. Public Health Law § 4310. Under that law, “you become a designated donor. It means that you are giving legal consent for the recovery of your organs, tissues and eyes for the purposes of transplantation and research at the time of your death. Your legally binding decision may not be overturned by any other person.” “What do you mean when you say this is a registry of legal consent?,” Frequently Asked Questions About the NYS Registry, New York Organ Donor Network (http://www.donatelifeny.org/ : accessed 29 Jun 2013). ↩
- See “Consent requirements – Part 2: Tissue from the deceased,” Code of practice, Human Tissue Authority (http://www.hta.gov.uk/ : accessed 29 Jun 2013). ↩
- See generally Oregon Rev. Stat. §§ 192.531-192.549, Genetic Privacy. And see Oregon Rev. Stat § 192.573, Personal representative of deceased individual. ↩
- “Deceased Patient Custodian/Next-of-Kin Consent for DNA Testing,” Cuyahoga County Regional Forensic Science Laboratory (http://medicalexaminer.cuyahogacounty.us/ : accessed 29 Jun 2013). ↩
- See “DNA Preservation Kits at ICCFA,” The Family Plot blog, posted 22 Jun 2013 (http://thefamilyplot.wordpress.com/ : accessed 29 Jun 2013). ↩
- Harvey I. Lapin, “The Legal Obligation to Disclose DNA Sample Requirements to Families,” International Cemetery & Funeral Management, March-April 2003, reprinted at dnaconnections.com (http://www.dnaconnections.com/ : accessed 29 Jun 2013). ↩
Judy,
Wonderful information as always. I am printing this out!
Kelly
Thanks, Kelly. I hope this helps some folks at that moment in time…
My son passed away in 2015 he was with a female in may had a baby in feb did a dna through dcf it came back zero percent but she looks just like him. Co
my sister was found deceased in a farm rural area 6 months after being a missing person can the possible persons DNA still of been on my sisters decomposed body since the killer was never found,the DNA from the person or persons possibly responsible for her abduction and murder still and op[en case
There’s no way to answer this question except to have a forensic detective carefully review the remains, what was tested from the remains and the like. This isn’t a question for a genealogist.
I love it…the q-tips and the bag. I wish we would of thought about this years ago! Thanks
When my mother passed, I simply kept her hairbrush and put it in a plastic bag. Her sister (still living) has already been DNA tested for genealogy purposes, but should I ever want to submit a sample from Mom, the hair samples should suffice.
A hairbrush will work if and only if some of the hairs have the root attached,.
My baby died over 14 years ago I was looking into obtaining dna from his grave to make sure. Is it possible.
You will have to check with an attorney licensed to practice in your jurisdiction as to the laws of exhumation.
Ugh. My mother died 6 weeks ago and I never even thought of getting a DNA sample. And since she was an only child I think I’ve completely missed any opportunity I might have had. 🙁
On Debi… that’s sad on every level. So sorry for the loss of your mother. And her DNA.
Thanks. Here you’ve made the law crystal clear, again. Maybe eventually this right of families will be generally known.
What if a person who passed away in 1957 and was an only child of a marriage. And he only had daughters…no sons. How would one go about trying to collect DNA from them?
That person’s daughters inherited 50% of their autosomal DNA from their father. So you could test the daughters using one of the autosomal DNA tests (Family Finder from Family Tree DNA, 23andMe or AncestryDNA). You could also go back a generation to the person’s father or even grandfather — were there brothers in those generations who left direct-line male descendants? If you can test one of them for YDNA.
How can someone find out if their
DNA is on record?
You’d probably have to make a Freedom of Information Act request.
My father has passed 4 years ago. He was an only child who only had daughters. He does not have any male cousins left. His father (my grandfather) is unknown. Can I somehow obtain medical slides from his various disease testing within the year prior to his death that would help us to do DNA testing now? I was his medical power of attorney prior to his death. And which dna companies may be able to work with slides? Thank you for this article. I sure wish I had been interested in these things 5 years ago!
No genetic genealogy company will test anything other than a regular sample. You can always try a private lab.
Thank God for your article. My Dad’s funeral is tomorrow.
My chance ALMOST passed. I got it JUST in time.
I’m so sorry for your loss… and so glad you were able to get the sample.
I have ashes from my grandfather. My mother was his legal represenitive, she took care of all the arrangements. We have held on to the ashes for the last 10 years, I am wondering if there is any chance DNA could still be extracted from the bones in the ash or if we are too late. She wants to get a DNA sample done as well, but he is the last male born in our line to a male, so we really want to know if his line can still be traced genetically. If anyone knows a way please let me know. I saw the ads to find out if his ashes are him, but I need something more like where the family came from.
No, unfortunately, you will not be able to obtain useable DNA from those ashes.
Hi could you get dna from someone ash’s if it only been 4months if so how do I go about it thanks
If and only if there are bones or teeth in the ashes and you’re willing to find and pay for a private specialty lab. No genetic genealogy testing company will do this. (And no, before you ask, I don’t have any recommendations for private specialty labs and, since I don’t have the credentials to vet them, I don’t allow them to post here touting their services.)
So my step father just passed on Tuesday, he has been my Dad since I was two, there have been so many ppl that say my son looks just like him, I have often wondered if he could have been my biological father. So would I be able to know if we had an DNA test done on my deceases father (stepfather)
Yes, absolutely you could know, and with your mother’s permission the funeral parlor can get a sample from your stepfather.
Can a DNA be done from a baseball hat, a watch band?
You’d have to contact a specialized DNA testing laboratory to get information on this. No genetic genealogy company would attempt this type of testing.
How about getting samples from an ancestor that was buried 160 years ago. Is there any chance there is enough of something to conduct a DNA test?
Not without a court order to exhume… and even then you’d be dealing with a private lab and serious expense.
I’ve read that DNA is usually too degraded after a decade or two to be usable so it would probably be a long shot after 16 decades.
It would depend on the type of DNA. Mitochondrial DNA is fairly stable; witness the Richard III tests.
I was told my grandfather was my father but he has since passed. How could I get dna testing to find out if it’s true.
You likely would have to test yourself (using one of the autosomal DNA tests) against his known children, to be sure.
Why doesn’t law enforcement routinely take DNA samples of everyone who dies so they can be dded to the DNA database? This would potentially help solve a lot of past and future crimes because I’m assuming that Familial DNA exists among ascendants and descendants. If the police got a DNA hit off of a dead body put in the database it would help them to narrow a list of potential suspects. We could give consent on our driver’s license like we do with organ donating.
There’s no legal impediment if consent were given, but no system in place as yet to secure consent.
Any improvements to dna testing of remnants of deceased persons in past 10 years?
About 10 years ago I ordered a Y-dna test from Sorensen Labs . I submitted ‘licked envelopes and stamps’ dating from 1920-1967. They were unable to detect any dna.
Has technology changed enough since 2007 to warrant resubmission? I also have an “expandable” watchband and watch that might have dna not yet examined.
I am desperate to find some Y dna from my male ancestors. I have tried everything. No living descendants of this line.
Not for purposes of genealogical research, no.
Thanks anyway.
The funeral director swobbed my mothers cheek for me after she passed away. I have kept 4 Swobs in an air tight specimen container for 9 months. Is there still hope to send this somewhere? I will be in the U.K in four weeks.
Contact customer service at Family Tree DNA. They’re the only company that will do this, and they should be able to handle this if the DNA is still viable.
Unfortunately Judy. Family Tree have responded that it is unlikely they can help.
Do you have any other leads please?
I’m afraid not. You may have to start looking for a specialty lab and realize that the price could be quite substantial.
My father passed away in 2006. If I find tooth brush or hat can I send to family DNA for Genealogy testing?
I’m afraid not. None of the genetic genealogy companies handle non-traditional samples of this kind. You’d have to find a specialty lab willing to make the attempt to extract DNA, understanding that it would be fairly expensive and not guaranteed.
Hi all and thanks for this Q & A. My stepson eas murdered almost 3 years ago. Police did a dna test on him for evidence if coures. My now husband and I Got married less than a yr later. He has had such a tragic life and his deceased wife survived cancer was si convinced she was not cured took her own life in front of my husband but tild him before shoiting herself that his now deceased son was not his. He was his only child and eventhough he will always be his son, my husband would like to know. Can u tell me how I can get my husbands dna tested to see if it matches with his sons and maybe a suggestion of a lab that will do it. The biggie is I would like to do this on the downlow so my husband doesn’t have to suffer the wait and lord knows the trauma if she didn’t lie to him. Can u help me please
I do not see how you can do this without your husband’s participation, since he is the only one legally authorized to take actions with respect to any DNA samples the police may have and may release for further testing AND the only one who can consent to his own test. You need to sit down and talk to him about this.
I had a similar issue with a deceased relative. I had tried to get my wife’s uncle tested and his children were all on board with it. I had sent them test kits but various things happened and it didn’t get done. He passed away late on a Saturday night and I called the funeral home first thing Monday morning to see if the embalming process had been started already. The funeral director was initially quite annoyed that I even asked him about this. According to Family Tree DNA, you could only obtain a sample if within a few days of death and there would be no guarantee if the sample wasn’t good. They also said that embalming destroys the DNA and so after that the testing could not be done. As it turned out, the embalming had already been done and so we thought the chance was missed. I happened to Google DNA testing of deceased individuals and found a company that does forensic DNA testing. After speaking with a gentleman there, he said that the DNA would not necessarily be destroyed by embalming and that his company could test a sample to confirm that it was good and that Family Tree would accept his certification and accept the sample for testing. It was rather expensive to do this though. After several conversations between myself and him and Family Tree I found out that I could just send the sample to Family Tree, without telling them the person was deceased, and they would process it just the same. There were no guarantees that the sample would be good but I didn’t have to pay to have the sample certified either (about $500). The funeral director obtained the sample from the nasal cavity using the swabs from Family Tree. After several weeks’ wait we got results from Family Tree for both autosomal and Y-DNA12. I did these two tests, because the autosomal is supposed to be the most difficult to replicate and the Y-DNA12 because it was the cheapest Y test. This way, I would only be out about $120 (sale prices) if the sample was no good and they somehow figured out that it came from an embalmed body and refused to send a new kit which I could use on someone else. The sample was taken 1 week after death and 6 days after embalming but was still viable. I then upgraded to Y67 when a sale came up, now that I knew it was good. We wound up finding a cousin in Massachusetts who we have exchanged info with and are working on making the paper connection.
One other thing: The YDNA-12 test is not advertised or able to be found on the Family Tree DNA website. You have to call customer service to ask. The great thing about it is that you can get the sample in for less money and upgrade at a later time when you may be better able to afford the more expensive test. Once they have the sample, it stays good for at least 7-10 years or so. Another thing I did which may be helpful to others. You can order test kits for $12.95 (price accurate as of December 2016) without actually ordering a specific test. This way, you can have the kits handy for if a situation arises where you need to collect a sample on short notice. Just make sure that if you collect a sample and are going to send it in, order the specific test before doing so or else it may be discarded by Family Tree when they receive it. They will not hold a sample without a test being ordered on the kit. Also, if you go this route, you will not be charged again for the kit and shipping when you order the test.
My grandmother just passed away suddenly a few days ago and her and my grandfather have always talked about wanting to do an ancestry DNA test, we just hadn’t gotten around to ordering them. My family would still very much like to get her DNA tested. She’s going to be cremated in the next few days. I contacted Family tree DNA and they said that with a post-mortem cheek swab they don’t usually get the best results and don’t really like to do it. They also didn’t seem okay with the q-tip idea, wanting me to order a kit. Do you know if this is true about post-mortem results?
It’s possible to get excellent results from post-mortem swabbings and I wouldn’t hesitate to do it. Order the kit if you have time (they can express it overnight) and use the swab kit from Identigene (available at most drug stores) if you can’t get a kit.
My dad died a few days ago and I followed the instructions Bennett Greenspan gave above about the cotton swabs- but when I called Family Tree DNA, the representative told me they don’t do this type of testing.
I’m going to contact them again to try to get to someone else. Have you heard of this problem? I’m just so worried because I thought I’d done everything correctly and my dad will be cremated tomorrow.
First off, so sorry for your loss. Family Tree DNA informs me that (1) they were able to overnight you a kit to ensure that you had one if you needed it but (2) the company absolutely DOES take samples as you described. Anyone facing this situation just needs to have a note included saying the samples are post-mortem so that the lab handles them properly. The person still needs to order a test, but can contact Family Tree DNA to let them know not to mail the collection kit out since the sample has already been collected.
My father used to smoke a pipe and I still have it. Could DNA testing be done on it?
No genealogical testing company does any testing on unusual samples like this. You’d have to find a specialty lab and be prepared to pay a hefty fee with no guarantee of success.
Last year my little brother passed away. He was developmentally disabled, yet never diagnosed with any syndrome. I still have his toothbrush. Is there any way DNA could be extracted from his toothbrush to find out if there was a genetic reason for his disability?
Unfortunately, none of the genetic genealogy testing companies do this sort of thing. You’d have to find a specialty lab that would agree to try it, understanding that there’s (a) no assurance that a sample could be obtained and (b) no guarantee that the sample if extracted would give you the information you’re looking for.
After using q tip do can you put in sample container with liquid does q tip have to dry first
If you have the collection kit from the testing company, put the swab right into the vial, don’t wait to let it dry.
Is 9 days post death too late? The funeral director will not do it for liability reasons, but said I could do it when we watch him put in the crematorium. It will be schedule 9 days after his death, and he will not be embalmed. Is this too late? Thanks
There’s never a guarantee, but since it’s your only possible chance, there’s no downside to trying.
Katherine, why do you need to wait until that day. If the body is in the morgue right now or even being stored by the funeral home, there should be no reason why you can’t get the sample now. You may just have to be more firm with the funeral home. What liability could there be that wouldn’t still be there at the time of cremation? That being said, 9 days should not be too late. We tested my wife’s uncle a week after death and 5 days after embalming and the sample was still good.
Question, my husband passed away, 2/8/18 in Hospice care, I wanted A DNA, DONE AT THE CREAMATION SOCIETY. BUT TOO EXPENSIVE $345. wanted to find out, if he was the father of a boy he was worried about, we were married
50 years, his mim,dad,& sister passed away, only living relative, on his father’s side, is a sister, and we have only 2 daughters. How do i obtain any DNA, FROM anything of his at home, ? Hair brush, etc? Chapstick? Insulin needle, ? Thank you
Testing things like hair brushes can be problematic and expensive. But your daughters can do an ordinary autosomal DNA test against that individual and it will show if they are half-siblings.
Please do NOT use a regular qtip! You risk the cotton fibers coming out into your sample It is best to go to the drugstore and get one of those paternity DNA kits for about $25 or some sort of swab that does NOT have cotton fluff on it, like the long ones in the doctor’s office.
You can also use those gum cleaning dental brushes. There is a lady that made a video you can look up on Youtube about “how to take an AncestryDNA test without saliva” where she scrapes the cheeks of her toddler to get tissue containing DNA and then shows you how to make your own saliva duplicate and create your sample. From experience, I’d suggest using AS MANY swabs as you possibly can to get your samples just in case there is not enough genetic material on one swab or another. If you are having the funeral home do the swab, have them do it BEFORE embalming and use EVERY single swab that comes in the DNA kit, and maybe some extras. For the gum brush method, she suggests using 8 brushes! If you don’t get enough of it you may get a notice from Ancestry that you did not provide a good dna sample and even a replacement kit won’t help if you don’t have enough DNA of your now deceased loved one.
While it’s best to get the kit, you absolutely CAN use a regular Q-tip if there’s nothing else available.
I am trying to find who were my grandfather’s birth parents, and if he was Norwegian, Swedish or German or all the above. I have many love letters from my grandfather in the 1940s -1950s. I was wondering if you could obtain DNA from these stamps that were self-licked. They were from the Navy in Charleston, SC, and mailed to my grandmother in Savannah, GA. I have spent $2,350.00 for 20 hours of investigative work by Ancestry and received no information. They want more money at an increased rate for 20 hours of more work. They’re making me broke. Could you help me? I want to know who I am and where my grandfather came. Thanks, Dorothy Olson
It’s possible but there’s no guarantee. See this article by Blaine Bettinger and this one here about future artifact testing by MyHeritage. It may end up being no less expensive, and there’s no guarantee it will tell you more than that your grandfather was European, without any reliable breakdown to a country level.
I know I am kind of opening a can of worms, but what pitfalls or harm do you see in a national standard of a DNA collection being obtained automatically, tested and cataloged (yes also protected for privacy reasons just like marriage records, death certificates etc for a certain length of time unless an authorized party requests it, i.e. next of kin, law enforcement) upon death? Once deceased, unless express written or religious reasons, I can see only the upside for genealogical reasons, cold cases and even genetic health conditions tracking. I realize there may end up being those ‘family surprises and upsets’ and that is a given. Granted the information also should in no way be used to hike your insurance rates because your family has a history of heart disease or the like but used as a tool to guide genealogy and family lineage. Just my thought as we have the ability to preserve lineage and family history better than ever and also discover some.
My own view is that a vast array of currently non-existent legal protections would have to be built before this is even considered.