ABSTRACT

Medical technology keeps on advancing rapidly. Scientists have taken steps in

various ways as to the protection of the human life. One of the advancements that is

gaining popularity is carrier gene screening which is a type of medical test which

allows future parents to confirm or rule out the possibilities of developing or passing

on a genetic disorder to their child even prior conception. Genetic disorders are one of

the lead causes of infant mortality in the world. Introducing this technology into the

law on family relations in the Philippines as a pre-requisite for the issuance of a

marriage license, carrier gene screening and counseling shall serve as a catalyst in

strengthening the family as a basic unit of the society through the preparation and

awareness, not only of the future spouses, but also of the State, in handling families

associated with genetic disorders. This study discusses the social and legal obstacles

that mandatory gene screening is facing – right to privacy, right to marry, and social

issues. The authors therefore respectfully submit that a mandatory pre-marital gene

screening and counseling program for the issuance of a marriage license, subject to

reasonable limitations, would not violate the constitutionally-protected rights of the

Filipino people and is viable within the context of Philippine laws.