French Public Health Code
In forceI.-Any person whose fertility is likely to be impaired as a result of medical treatment or whose fertility is likely to be prematurely impaired may benefit from the collection or removal and preservation of their gametes or germ tissue with a view to the subsequent performance, for their benefit, of medically assisted procreation, with a view to preserving or restoring their fertility or with a view to restoring hormonal function.
The collection, retrieval and storage referred to in the first paragraph are subject to the consent of the person concerned and, where applicable, of one of the parents exercising parental authority or of the guardian when the person concerned is a minor, after information on the conditions, risks and limits of the procedure and its consequences. In the year in which he/she reaches the age of majority, the person whose gametes or germ tissue are stored in application of this I shall receive information from the multidisciplinary team of the centre where his/her gametes or germ tissue are stored on the conditions of this storage and the consequences of the procedure.
The consent of minors must be systematically sought if they are capable of expressing their wishes and participating in the decision.
Article 458 of the French Civil Code applies to adults who are the subject of a legal protection measure involving personal representation.
The biological processes used for the preservation of gametes and germ tissue are included in the list provided for in article L. 2141-1 of this Code, under the conditions set out in the same article L. 2141-1.
The application of the present article is not precluded by a change in the gender recorded in the civil status register.
II - The parents who exercise parental authority over a minor whose gametes or germ tissue are preserved in accordance with this article are contacted in writing each year to obtain information relevant to the preservation, including any change of contact details.
The storage of gametes or germ tissue of a minor, even if emancipated, may only be terminated in the event of death.
In the event of the death of the minor whose gametes or germ tissue are stored, the parents exercising parental authority may give their written consent:
1° That his/her gametes or germ tissue may be the subject of research under the conditions set out in articles L. 1243-3 and L. 1243-4;
2° To terminate the storage of his/her gametes or germ tissue.
Consent may be revoked until the gametes or germ tissue are used or their storage is terminated.
The period referred to in IV of this article does not apply to minors, even emancipated minors, until they reach the age of majority.
III -The person of full age whose gametes or germ tissue are stored pursuant to this article is consulted each year. He/she consents in writing to the continuation of this storage.
If he/she no longer wishes to continue this conservation or if he/she wishes to specify the conditions of conservation in the event of death, he/she consents in writing:
1° That his/her gametes may be donated in accordance with Chapter IV of Title IV of Book II of Part One;
2° That his/her gametes or germinal tissue may be the subject of research under the conditions set out in articles L. 1243-3 and L. 1243-4 ;
3° That the storage of his gametes or germ tissue be terminated.
In all cases, this consent is confirmed in writing at the end of a reflection period of three months from the date of the first consent.
Consent may be revoked until the gametes or germ tissue are used or their storage is terminated.
IV - In the absence of a response from the adult for ten consecutive years, the storage of their gametes or germ tissue is terminated. The period of ten consecutive years begins when the person reaches the age of majority.
When the person reaches an age that no longer justifies the conservation and in the absence of the consent provided for in 1° or 2° of III, the conservation is terminated. This age limit is set by an order of the Minister for Health, issued after consultation with the Agence de la biomédecine.
In the event of the person's death and in the absence of the consent provided for in the same 1° or 2°, the storage of gametes or germ tissue is terminated.
