By way of derogation from the sixth paragraph ofArticle L. 2131-4, and subject to having exhausted all the possibilities offered by Articles L. 1241-1 to L. 1241-7, pre-implantation diagnosis may also be authorised when the following conditions are met:
-the couple or the unmarried woman has given birth to a child suffering from a genetic disease causing death in the first years of life and recognised as incurable at the time of diagnosis;
-the vital prognosis of this child can be improved decisively by the application to the child of a treatment that does not affect the integrity of the body of the child born from the transfer of the embryo in utero, in accordance with Article 16-3 of the Civil Code;
-the sole purpose of the diagnosis referred to in the first paragraph is to identify the genetic disease and the means of preventing and treating it, on the one hand, and to enable the application of the treatment referred to in the third paragraph, on the other.
The last paragraph ofArticle L. 2141-3 does not apply to pre-implantation diagnosis authorised under the conditions set out in the first four paragraphs of this Article.
Both members of the couple or the unmarried woman shall express their consent in writing to the diagnosis being carried out.
The carrying out of the diagnosis, accompanied, where appropriate, by further attempts at in vitro fertilisation, is subject to authorisation by the Agence de la biomédecine, which shall give an account thereof in its public report in accordance with Article L. 1418-1.