Section 4: Fate of preserved gametes and germ tissue

Articles in this section · 7

Article R2141-17

French Public Health CodeIn force

Updated 4 Nov 2023

I.-The person whose gametes have been collected or retrieved and preserved in the context of medically assisted procreation for a parental project in application of article L. 2141-1 is consulted each calendar year in writing as to whether he/she wishes to continue with this method of preservation.

If they no longer wish to maintain it, or if they no longer meet the age conditions set by the decree provided for in article L. 2141-2, they may consent in application of article L. 1211-2 :

1° That her gametes may be donated in accordance with Chapter IV of Title IV of Book II of Part One of this Code;

2° That her gametes may be the subject of research under the terms of Articles L. 1243-3 and L. 1243-4;

3° That the storage of her gametes may be terminated.

II - In all cases, consent must be expressed in writing. The consent provided for in 1°, 2° and 3° of I shall be confirmed after a period of reflection of three months. If consent is not revoked in writing within this period, it is deemed to be confirmed. Consent may be revoked until the gametes are used or their storage is terminated.

III.Gamete storage is terminated:

1° When the person consents within the framework of the annual consultation mentioned in I;

2° In the event of the person's death, if he/she has not expressed the consent provided for in 1° or 2° of I prior to his/her death;

3° In the absence of a response for ten consecutive calendar years to the consultation mentioned in I;

4° When the person no longer meets the age conditions set by the decree provided for in I of Article L. 2141-2, if they have not expressed the consent provided for in 1° or 2° of I of this article.

IV - An order of the Minister for Health, issued after consultation with the Director General of the Agence de la biomédecine, sets the model for the annual consultation referred to in I and specifies the procedures.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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