It has been interesting that arrests and prosecutions resulting from DNA tests have not been challenged on 5th amendment grounds. In many cases, the DNA tests were those of family members that came up close to the DNA they were looking for. Never, in any of the stories or cases, is it questioned how law enforcement had access to such information. If any other company gave up info without a warrant being served, they would find themselves in all sorts of trouble and law suits.
The DNA from the services is not submitted to the court. What it does is narrows the suspect pool. Police then obtain a different DNA sample from the suspect, either by picking up a discarded cigarette or cup or by taking a cheek swab. It is this evidence that is submitted to court.
All the Ancestry/23andMe service does is narrow the suspect pool. Not saying it isnt creepy, but it isnt directly used as evidence