French Public Health Code
In forceBy way of derogation from articles R. 1241-9 to R. 1241-12, when the removal of haematopoietic cells collected from bone marrow is envisaged from a minor for the benefit of one of his or her parents, invested with the exercise of parental authority, the president of the judicial court, to whom the matter has been referred by the legal representatives under the conditions set out in article R. 1231-2, shall without delay appoint an ad hoc administrator to represent the minor under the conditions set out inarticle 388-2 of the Civil Code. The person appointed may not be an ascendant or collateral relative of the parents or the minor.
The information is given to the ad hoc administrator under the conditions provided for in the fourth paragraph of article L. 1241-3 of this code by the practitioner who indicated the transplant or any other practitioner chosen by the parents.
The President of the Judicial Court will refer the matter by any means to the committee of experts referred to in article L. 1231-3 so that it can give its opinion on the request.
The committee of experts will hear the minor capable of discernment in the presence of the ad hoc administrator appointed by the president of the court. It ensures that the minor does not refuse to undergo the procedure and that, in view of his or her degree of discernment, he or she has assessed the risks and consequences of the removal. The committee asks the doctor who decided to carry out the transplant to provide proof that every effort has been made to find an adult donor compatible with the recipient. The committee of experts sends its reasoned opinion to the president of the court.
The opinion of the committee of experts may be consulted by the ad hoc administrator or his lawyer at the secretariat of the president of the court. The opinion may only be consulted by the minor capable of discernment in the presence of the ad hoc administrator or his lawyer. However, where the request is made by the minor, the president of the court may, by reasoned decision, exclude all or part of the documents making up the opinion from consultation, where this is likely to cause serious psychological harm.
The president of the judicial court will rule on the request for authorisation to take the sample after holding the hearings provided for in the fifth paragraph of article L. 1241-3.
The decision is notified to the persons exercising parental authority, to the ad hoc administrator and to the doctor in charge of the service, department or care structure of the health establishment in which the removal is envisaged, who forwards it to the director of the establishment.
