French Civil Code
In forceThe identification of a person by his or her genetic fingerprints may only be sought:
1° In the context of investigation or enquiry measures carried out in the course of legal proceedings;
2° For medical or scientific research purposes;
3° For the purpose of establishing, where unknown, the identity of deceased persons;
4° Under the conditions provided for in the article L. 2381-1 of the Defence Code;
5° For anti-doping purposes, under the conditions set out in article L. 232-12-2 of the Sports Code.
In civil matters, such identification may only be sought in execution of an investigative measure ordered by the judge hearing an action either to establish or contest a parent-subsidiary relationship, or to obtain or withdraw subsidies. The consent of the person concerned must be expressly obtained beforehand. Unless the person expressly consents during his or her lifetime, no identification by genetic fingerprinting may be carried out after his or her death.
Where identification is carried out for medical or scientific research purposes, the person's express consent must be obtained in writing before the identification is carried out, after he or she has been duly informed of its nature and purpose. The consent must state the purpose of the identification. It may be revoked without form and at any time.
When the identity search mentioned in 3° concerns either a serviceman who has died during an operation conducted by the armed forces or attached formations, or a victim of a natural disaster, or a person who is the subject of a search under the article 26 of law no. 95-73 of 21 January 1995 on security policy and programming and whose death is presumed, samples intended to collect the biological traces of this person may be taken in places that this person is likely to have usually frequented, with the agreement of the person in charge of the premises or, if this person refuses or it is impossible to obtain this agreement, with the authorisation of the liberty and custody judge of the judicial court. Samples for the same purposes may also be taken from the ascendants, descendants or presumed collateral relatives of this person. The express consent of each person concerned is then obtained in writing before the sample is taken, after they have been duly informed of the nature of the sample, its purpose and the fact that their consent may be revoked at any time. The consent shall mention the purpose of the sampling and identification.
The procedures for implementing the identification searches mentioned in 3° of this article shall be specified by decree in the Conseil d'Etat.
