For its application in New Caledonia and French Polynesia, Article L. 2141-1 is replaced by the following provisions:
Art. L. 2141-1 – Medically assisted procreation refers to clinical and biological practices enabling in vitro conception, gamete, germ tissue and embryo preservation, embryo transfer and artificial insemination. The list of biological procedures used in medically assisted procreation is set by decree of the Minister of Health after consultation with the Biomedicine Agency. A Conseil d’Etat decree specifies the procedures and criteria for including procedures on this list. The criteria relate in particular to compliance with the fundamental principles of bioethics set out in particular in articles 16 to 16-8 of the French Civil Code, the effectiveness and reproducibility of the procedure and the safety of its use for the woman and the unborn child.
Any technique designed to improve the efficacy, reproducibility and safety of the procedures on the list mentioned in the first paragraph of this article is subject, prior to its implementation, to an authorisation issued by the Director General of the Agence de la biomédecine following a reasoned opinion from its Orientation Council.
Where the policy council considers that the proposed modification is likely to constitute a new procedure, its implementation is subject to its inclusion on the list referred to in the same first paragraph.
The implementation of medically assisted procreation gives priority to practices and procedures that make it possible to limit the number of embryos kept.