Claim:
It is illegal to take a DNA test in Israel.
Judgement:
Context:
While genetic testing is not entirely illegal in Israel, there are significant legal restrictions that limit access to DNA testing.
In August 2024 a rumor started circulating spread on social media that DNA testing was illegal in Israel. Some social media users claimed this was because it would reveal that many Israelis were not ethnically Jewish or did not have Middle Eastern ancestry.
A X userwhose post had been viewed over 3.8 million times at the time of writing, asked (archived): “Why is it illegal to take a DNA test in ‘Israel’?”
Another one claimed: “Not only is a DNA test illegal in Israel, it is also illegal to show or discuss the results of a DNA test if you had the DNA test done anywhere else in the world.”
Not only is a DNA test illegal in Israel, it is also illegal to show or discuss the results of a DNA test if you had the DNA test done anywhere else in the world. photo.twitter.com/RKIyCut0B7
— Compton Jay (@ComptonMadeMe) January 16, 2024
Similarly, a Facebook post from November 2023 read: “Did you know it’s illegal for people in Israel to take a DNA test? Why? Because they know they’re not the real Jews,” while a month later an X user wrote: “Israeli settlers come mainly from Europe and their ancestors never set foot in the Middle East. That’s why they don’t allow DNA testing there.”
One Instagram after about the topic referred to article published by The Jerusalem Post with the title: “Want to Fully Understand Your Family Tree? Not Without a Court Order.”
The claim circulated elsewhere on X about the last year and further TikTok.
In short, while Israel imposes significant legal restrictions on DNA testing, particularly that related to family ties, the claim that DNA testing is outright illegal in Israel is “false.”
We reached out to both the Israeli Ministry of Health and the Ministry of Justice for comment, but had not received a response by the time of publication.
What the law really says
The confusion stems from Israel’s Genetic Information Act (2000), which regulates genetic testing to protect privacy and prevent misuse of genetic data. The law does not ban DNA testing outright, but it imposes strict rules, particularly for tests that determine family relationships. For example, paternity testing In Israel, it can only be performed with a court order. “A genetic test for family ties (…) will not be performed 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 is regulated for specific medical and preventive purposes, can be found on the website of the Israeli Ministry of Health. section entitled “Recommendations for Genetic Testing” provides guidelines for screening tests intended to identify couples at risk of passing serious genetic conditions to their children.
Legal but highly regulated
In 2019, The Times of Israel reported that the MyHeritage DNA testing kit was not available in Israel because the country “does not allow private genetic health screening.” Similarly, the news website Ynet reported reported in 2019: “In Israel, it is forbidden to sell home DNA testing kits. 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 the website will not find a price or delivery options. This service is blocked for Israelis.”
The Israel Democracy Institute has also reported that the sale of home DNA testing kits is banned in Israel, and that “many Israelis manage to circumvent the ban.”
In 2019, the Israeli Ministry of Health confirmed The ministry told 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 may only be conducted in an accredited 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 about the reliability and interpretation of DNA testing kits, noting that such kits “have been heavily criticized for their reliability, interpretation of results, and potential impact on individuals and their families.” Regarding genetic testing to determine family ties, the ministry stressed that the law requires a court order to authorize such testing, so that the decision is made in “the best interests of all involved.” Officials further emphasized the potential consequences of conducting these tests, particularly in the context of religious law, where results can have significant implications (our emphasis):
Some considerations are based on the fear of serious harm to the well-being of minors or future children in the family, because of the chance that they will be labeled as assholes, which will harm their eligibility to marry in Israel according to Jewish law. There may also be harmful consequences in the religious legislation of other religions. In addition, there is a need for a process that ensures the informed consent to the test of all subjects, and the admissibility of the results in a relevant legal procedure (alimony, inheritance, etc.). Therefore, it is forbidden to sell in Israel kits intended for genetic self-examination – in any medical matter, as well as for testing family ties.
Ministry of Justice of Israel told Ynet says that “the fear here is that people will find out that they are assholes (that their mother was not married to their biological father, but to another man when MK was born) and that this could cause serious problems for them with the rabbinate.”
In the same way, Jonathan J. Klinger, Adv. told Snopes via email that the reason for restrictions on DNA testing may lie in Jewish religious law, as genetic tests that reveal non-biological relationships can have serious consequences:
If I were looking for a reasoning, it would actually be bastardy. It is connected to the Jewish tradition not to reveal bastardy unless there are strict conditions that require it, because under Judaism ab*st*rd cannot marry someone other than ab*st*rd for several generations:
(link to Wikipedia about the word Mamzer)
Klinger also noted that the at-home DNA testing market has evolved significantly since the law was passed in 2000:
However, let’s assume the conspiracy theories are true. How would this be effective? When the law was passed in 2000, there were no tests to find ancestors similar to what we have now. The law was created to address family ties. Furthermore, even if this wasn’t the case, what would stop my American cousin from taking such a test?
Order DNA kits from abroad
There was some confusion over whether such DNA testing kits could be purchased online in Israel and, if so, whether such actions were legal. For example, the website of 23andMe, a saliva-based DNA testing service, stated that it does ship genetic test kits to Israel. In contrast, the MyHeritage website indicated that the DNA tests were not available to residents of Israel, but that they were also not available in France, Iran, Libya, Sudan, Somalia, North Korea, Lebanon, Russia and Syria.
When asked whether DNA testing kits that can be purchased online are legal, Klinger responded:
This means that any services to check family ties based on DNA in Israel are not licensed and can be considered illegal and carry penalties. It does not mean that what 23&Me or other companies are doing is illegal, because what they are doing is sending the sample kits to Israel, and the “crime” itself can be done outside of Israel, because they can claim that Israeli law does not apply to them.
I assume these companies have their own legal team that has created the right legal atmosphere to allow it or not.
When Ynet interviewed a company that shipped DNA testing kits to Israel, the company stated that they “follow the import and export laws” and “at the moment customs do not prohibit it, because there is nothing dangerous in such a sample. I hope it stays that way.”
This isn’t the first time we’ve looked into a claim related to genetic testing. In May 2024, we investigated whether genetic testing company 23andMe sold user data to the Chinese government. And in May 2017, we investigated factually checked a rumor that Ancestry.com may retain the rights to your genetic information if you sign up for their DNA test.
Sources:
Azoulay, Moran. “Revealed: Rabbinate Makes Israelis Take Jewish DNA Test Before They Can Marry.” Ynetnews, Mar. 11, 2019. www.ynetnews.com, https://www.ynetnews.com/articles/0,7340,L-5476939,00.html.
—. “Revealed: Rabbinate Makes Israelis Take Jewish DNA Test Before Getting Married.” Ynetnews, Mar. 11, 2019. www.ynetnews.com, https://www.ynetnews.com/articles/0,7340,L-5476939,00.html.
Israeli Supreme Court Allows DNA Testing to Prove Judaism – Israel News – Haaretz.Com. Nov 6, 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 the Chinese Government?” Snopes, May 16, 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.
Yes, that’s true. “מה הם .ynet.co.il, https://www.ynet.co.il/articles/0,7340,L-5486172,00.html.
—. “מה הם .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. Retrieved 4 Sep 2024.
https://www.health.gov.il/English/Topics/Genetics/checks/Pages/GeneticTestingRecommendations.aspx. Retrieved 4 Sep 2024.
