Article L1231-1 A of the French Public Health Code
November 8, 2023
Organ retrieval and transplantation is a national priority.
Organ retrieval and transplantation is a national priority.
The rules for distributing and allocating grafts must respect the principle of fairness.
I – The removal of organs from a living person who donates them may only be carried out in the direct therapeutic interest of a recipient. The donor must be the father or mother of the recipient. Notwithstanding the first paragraph of this I, the following persons may be authorised to donate an organ in the direct therapeutic interest of a recipient: the recipient’s spouse, brothers or sisters, sons or…
No organs may be removed for donation from a living minor or from a living adult who is the subject of a legal protection measure with representation of the person.
The committee of experts whose intervention is provided for in articles L. 1231-1, L. 1241-3 and L. 1241-4 sits in two panels of five members appointed for three years by order of the Minister for Health. Three of these members, including two doctors and a person qualified in the human and social sciences, are common to both panels. When the committee gives an opinion on samples taken from adults as…
The terms and conditions for the application of this chapter shall be determined by decree of the Conseil d’Etat, in particular: 1° The provisions applicable to cross-organ donation, including the terms and conditions for informing donors and recipients involved in cross-organ donation; 2° The operating conditions of the committee mentioned in article L. 1231-3.
The removal of organs from a person whose death has been duly confirmed may only be carried out for therapeutic or scientific purposes. The doctor shall inform the deceased’s next of kin, prior to the planned removal, of its nature and purpose, in accordance with the best practices laid down by the Minister for Health on a proposal from the Biomedicine Agency. The sample may be taken from a person…
If the deceased was a minor, the sample may only be taken for one or more of the purposes mentioned in article L. 1232-1 if each of the persons exercising parental authority consents in writing. However, if one of the persons exercising parental authority cannot be consulted, the sample may be taken provided that the other person exercising parental authority consents in writing.
Samples may only be taken for scientific purposes within the framework of protocols submitted to the Agence de la biomédecine prior to their implementation. The Minister responsible for research may suspend or prohibit the implementation of such protocols if the need for the sample or the relevance of the research is not established.
The doctors who establish the death, on the one hand, and those who carry out the removal or transplantation, on the other, must be part of separate functional units or departments.
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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
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