SHOULD GENETIC TEST RESULTS BE A FAMILY SECRET?

Courtney T. Shillington, Chicago-Kent College of Law

Abstract

When people receive genetic test results, the results may have implications for their family members as well as themselves. Currently, doctors in some jurisdictions are required to share the genetic test results of their patients with their patients' relatives. At the moment, though, there is no law that requires patients to share their genetic test results with their relatives. This is an issue that must be addressed immediately.

This article advocates against the creation of a duty that would require people to share their genetic test results with relatives. Such a duty could be created through tort law, an Equal Protection claim, or a statute enacted by a state legislature. However, as this paper addresses, all of these avenues for creating such a duty should fail.