In the case of living donor retrieval as provided for in Article R. 1241-3-2, the conditions for expressing consent, obtaining a retrieval authorisation and informing the Agence de la biomédecine, as provided for in Article L. 1231-1, shall apply.
When a person wishes to have haematopoietic cells collected from bone marrow or peripheral blood, he/she expresses his/her consent before the president of the judicial court or his/her delegate under the conditions defined in articles R. 1231-2 and R. 1231-3. In the event of a life-threatening emergency, consent is obtained by the public prosecutor under the conditions defined in article R. 1231-4. These provisions apply to a protected adult who…
When the donor of haematopoietic cells taken from bone marrow or peripheral blood is the subject of a legal protection measure with representation relating to the person, the information given to the protected adult mentioned in article R. 1241-3 is also given to the person in charge of the protection measure or to the ad hoc administrator appointed by the guardianship judge under the conditions provided for in the third…
The person who is the subject of a legal protection measure with representation in relation to the person or the person responsible for his or her protection measure submits a simple request to the guardianship judge. The application shall state whether the protected person is able to consent to the removal of the sample. Notwithstanding article 1211 of the Code of Civil Procedure, the application may be submitted to the…
I.-If the guardianship judge considers, after hearing the protected person, that the latter is able to consent to the taking of the sample, he/she shall obtain his/her consent under the conditions defined in article R. 1231-3. The record of the act is kept at the court registry and a copy is sent to the protected person and to the person responsible for this measure. II – The protected person who…
If the guardianship judge considers that the protected person does not have the capacity to consent to the donation, he shall refer the matter by any means to the committee of experts referred to in article L. 1231-3 so that it can give its opinion on the request. The committee of experts shall hear the donor in the presence of the person responsible for the protective measure or, where applicable,…
When the removal of haematopoietic cells collected from bone marrow or peripheral blood is envisaged from a minor under the conditions defined in article L. 1241-3, the information provided for in article R. 1241-3 is given to each of the persons exercising parental authority or, where applicable, to the minor’s guardian by the practitioner who indicated the need for the transplant or by any other practitioner of his choice. Appropriate…
Each of the persons vested with parental authority or, where applicable, the minor’s guardian, expresses his or her consent before the president of the judicial court or his or her delegate under the conditions defined in articles R. 1231-2 and R. 1231-3. In the event of a life-threatening emergency, the consent of each of the persons vested with parental authority or, where applicable, the minor’s guardian, is obtained by the…
The persons exercising parental authority or, where applicable, the minor’s guardian, shall send the committee of experts referred to in article R. 1231-5 a request for authorisation to take the sample, accompanied by a copy of the documents by which their consent was obtained. The committee of experts hears the minor who is capable of discernment. It shall ensure that the minor who is capable of expressing his or her…
The committee of experts shall communicate its decision in writing to the persons exercising parental authority or, where applicable, to the minor’s guardian, as well as to the doctor in charge of the service, department or care structure of the health establishment in which the removal is envisaged, who shall forward it to the director of the establishment.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
