Book II: Donation and use of human body parts and products

The transfer and use of elements and products of the human body are governed by the provisions of Chapter II of Title I of Book I of the Civil Code and by the provisions of this Book. The activities relating to these elements and products mentioned in this Book, including their import and export, must pursue a medical or scientific purpose, or be carried out in the context of legal…

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…

Advertising in favour of a donation of human body parts or products for the benefit of a specific person or for the benefit of a specific establishment or body is prohibited. This prohibition does not prevent the provision of information to the public in favour of the donation of human body parts and products. This information is provided under the responsibility of the Minister for Health, in collaboration with the…

No payment of any kind may be made to a person who lends himself to the removal of elements from his body or to the collection of its products. The costs relating to the removal or collection are fully covered by the health establishment responsible for carrying out the removal or collection. For the application of the provisions of Chapter II of Title IV of Book I of Part One…

The donor cannot know the identity of the recipient, nor can the recipient know the identity of the donor. No information that could identify both the donor and the recipient of a body part or product may be divulged. This principle of anonymity may only be waived in the event of therapeutic necessity.

Elements and products of the human body may not be used for therapeutic purposes if the risk to the potential recipient, measurable in the light of current scientific and medical knowledge, is greater than the expected benefit to the recipient. The removal of elements and the collection of products of the human body for therapeutic purposes, as well as the activities for the same purposes mentioned in this book and…

No one may be excluded from donating blood unless there are medical contraindications. No one may be excluded from donating blood on the grounds of sexual orientation. The selection criteria for blood donors are defined by a decree of the Minister for Health issued after consultation with the Director General of the National Agency for the Safety of Medicines and Health Products. They may not be based on any difference…

Vigilance systems are implemented for elements and products of the human body, products derived therefrom other than medicinal products, and medical devices incorporating them.

Health professionals, establishments, persons or organisations on a list established by decree by the Conseil d’Etat report and declare information relating to biovigilance and the vigilance system relating to medically assisted procreation.

Neither products of the human body for which it is customary not to apply all the principles set out in articles L. 1211-1 to L. 1211-7, nor elements and products of the human body removed and used for autologous therapeutic purposes as part of a single medical intervention, without being stored or prepared at any time within a body or establishment authorised in application of article L. 1243-2, are subject…