This work draws attention to those ethical and social issues that arose during the legislation and practical application of forensic DNA phenotyping (FDP) across Europe. There are different views in the international literature regarding the new and evolving technique of forensic genetics. Supporters of FDP hold that the true value of this investigatory tool lies in the scientific prediction of the unknown perpetrators (or corpses) externally visible characteristics, the application of which should be measured in accordance with strong legislative guarantees, and should be limited to serious crime, given the current stage of its development. By contrast, its objectors want to exclude FDP from criminal proceedings, claiming that it raises a number of human rights issues related to privacy and non-discrimination, which may well lead to racial profiling. In view of these findings, this paper addresses a number of recommendations by which the legislature can minimize the harm of fundamental values during transposing FDP into national law.