The use of the results of genetic tests in life and health insurance contracts

Use of genetic information by employers and insurers has been discussed since 80?s. Examples of the use of genetic test results by insurer in order to set the balance between risk and premium was mostly observed in America. As the number of such examples increase, special regulations were enacted in many countries in regards to the use of genetic information by insurers. The use of genetic information in different fields in recent years is also being discussed in Turkey. But the use of genetic test results in the insurance law is relatively invisible in comparison to the fields such as family law, criminal law or human rights law. In the field of insurance law, three main questions arise relating to the use of genetic test results. The first question relates to the demand of genetic testing by the insurer as a prerequisite of insurance contract. The second question is based on the representation of genetic test results by the conclusion of the insurance contract. These two issues should be examined within the framework of duty of disclosure of the insurance holder by the conclusion of the insurance contract. As for the third question, it concerns with the assessment of negative genetic test results as an increase in hazards. This question should be discussed within the framework of legal regulations relating to the increase of hazard. The purpose of this study is to address these questions within the framework of Turkish Law System. It compares related regulations in Turkey with similar regulations in America, Austria, Switzerland and Germany. It also offers a special regulation for the use of genetic test results for insurance companies in Turkey.