The removal of elements from the human body and the collection of its products may not be carried out without the donor’s prior consent. This consent may be revoked at any time.
The use of elements and products of the human body for a medical or scientific purpose other than that for which they were removed or collected is possible, unless the person from whom they were removed or collected expresses an objection, duly informed in advance of this other purpose. The objection may also be made, if the person concerned is a protected adult subject to a legal protection measure with representation relating to the person, by the person responsible for this protection measure. If the person concerned is a minor, who may be under guardianship, the objection is made by the holders of parental authority or the guardian. The obligation to provide information may be waived if it is impossible to find the person concerned, or if one of the advisory committees for the protection of individuals mentioned in article L. 1123-1, consulted by the person responsible for the research, does not consider this information to be necessary. However, these derogations are not permitted when the elements initially removed consist of germline tissues or cells. In the latter case, any use for a purpose other than that of the initial removal is prohibited in the event of the death of the person concerned.
Autopsies are said to be medical when they are carried out, outside the framework of investigations or enquiries carried out during legal proceedings, with the aim of obtaining a diagnosis of the cause of death. They must be carried out in accordance with the requirements for seeking consent and the other conditions laid down in Chapter II of Title III of this Book, without prejudice to Article L. 1130-4. However, by way of exception, they may be carried out despite the opposition of the deceased person, in the event of an overriding need for public health and in the absence of other procedures making it possible to obtain diagnostic certainty as to the cause of death. An order by the Minister of Health specifies the pathologies and situations that justify medical autopsies under these conditions.