I.- By way of derogation fromArticle 16-10 of the Civil Code, when the person is incapable of expressing his or her wishes or when he or she is deceased, the examination may be undertaken for medical purposes in the interests of the members of his or her family who may be concerned if a doctor suspects a genetic anomaly which may be responsible for a serious condition justifying preventive measures, including genetic counselling, or care. Where the person is deceased, the examination is carried out on samples of that person already preserved or taken as part of an autopsy for medical purposes.
II. -In the cases mentioned in I, this doctor shall ensure that the person does not object under the conditions laid down in the second paragraph of Article L. 1130-3.
If the person does not object, the doctor shall inform the family members potentially concerned, whose contact details he has, that he considers the existence of such a genetic anomaly to be plausible.
He shall inform them that they may accept or refuse in writing to have the examination referred to in I of this article carried out and that it is sufficient for one of the members to have given his agreement for this examination to be carried out.
III. -Information on the presence or absence of a genetic anomaly identified by the examination provided for in I is accessible, at their request, to all family members potentially concerned, including those who have refused to have the examination carried out, once the doctor has informed them that he or she has the result.
If the genetic anomaly mentioned in the same paragraph I is confirmed, the doctor will invite the persons who have asked to receive the information mentioned in the first paragraph of this III to attend a consultation with a doctor qualified in genetics, without disclosing to these persons the genetic anomaly in question or the risks associated with it.
Family members who wish to have their genetic characteristics examined may do so under the conditions laid down in Chapter I of this Title, in particular Article L. 1131-1.