Chapter II: Removal from a deceased person.

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.

Doctors who carry out a removal or a medical autopsy on a deceased person are obliged to ensure that the body is restored in the best possible way.

The procedures for applying the provisions of this chapter are determined by decree in the Conseil d’Etat, and in particular : 1° The conditions under which the death certificate provided for in the first paragraph of article L. 1232-1 is drawn up; 2° The conditions under which the refusal provided for in the last paragraph of the same article may be expressed and revoked, as well as the conditions under…