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The present article aims at reviewing the legislation in Poland and other countries concerning the consent to DNA sample collection, with the special reference to genetic relatedness analyses (including paternity tests) in anonymous samples of biological materials. The Polish legislator has not regulated this issue in a direct manner. Therefore, in view of progressing commercialization of genetic paternity tests, it is necessary to undertake legislative actions towards regulation of DNA tests admissibility, both in civil proceedings and by commission of private individuals.

On June 13, 2009, the new Family and Guardianship Code came into effect. Many important modifications were implemented to Chapter I. "Origin of a child", the issue being of special importance in the work of a forensic geneticist. Those changes are related not only to arguableness of the fatherhood of both types--the one that is judged in lawsuit of denial of the fatherhood and that in which ineffectiveness of paternity is recognized--but for the first time they also demand on maternity testing. The Code defines who--according to Polish law--is a mother to a child and on this base states motherhood. In consequence, the main legal maxim Mater semper certa est, which has existed since Ancient Rome times is now annulled. The paper presents some remarks of an expert witness on the introduced changes.