Chapter III: Access to non-identifying data and the identity of the third-party donor

For the purposes of this Chapter, the notion of third-party donor means the person whose gametes have been collected or retrieved pursuant to Chapter IV of Title IV of Book II of Part One of this Code, as well as the couple, the surviving member or the unmarried woman who has consented to one or more of her embryos being received by another couple or another woman pursuant to Article…

Any person conceived by medically assisted procreation with a third party donor may, if they so wish, have access at the age of majority to the identity and non-identifying data of the third party donor as defined in article L. 2143-3. Persons wishing to donate gametes or offer their embryo for reception shall expressly consent in advance to the communication of this data and their identity, under the conditions set…

I.-When obtaining the consent provided for in articles L. 1244-2 and L. 2141-5, the doctor collects the identity of persons wishing to donate gametes or offer their embryo for reception, as well as the following non-identifying data: 1° Their age; 2° Their general condition as they describe it at the time of donation; 3° Their physical characteristics; 4° Their family and professional situation; 5° Their country of birth; 6° The…

The data relating to the third-party donors mentioned in Article L. 2143-3, the data relating to their donations and to the persons born as a result of these donations, as well as the identity of the recipient persons or couples, are kept by the Agence de la biomédecine in a data processing operation for which it is responsible pursuant to 13° of Article L. 1418-1, under conditions strictly guaranteeing their…

Any person who, having reached the age of majority, wishes to have access to non-identifying data relating to the third-party donor or to the identity of the third-party donor shall contact the commission mentioned in Article L. 2143-6.

A commission for access to non-identifying data and the identity of third-party donors is placed under the authority of the Minister for Health. It is responsible for: 1° Granting requests for access to non-identifying data relating to third-party donors in accordance with the procedures defined by the Conseil d’Etat decree issued in application of 3° of article L. 2143-9; 2° Granting requests for access to the identity of third-party donors…

The committee referred to in Article L. 2143-6 is composed of : 1° A member of the judiciary, who shall chair it; 2° A member of the administrative courts; 3° Four representatives of the Minister of Justice and the Ministers for Social Action and Health; 4° Four qualified persons chosen for their knowledge or experience in the field of medically assisted procreation or the human and social sciences; 5° Six…

The Agence de la biomédecine is required to communicate the data referred to in Article L. 2143-3 to the Commission, at the latter’s request, in order to carry out its duties referred to in Article L. 2143-6.

The terms and conditions for the application of this chapter are determined by a decree of the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés, in particular: 1° The nature of the non-identifying data mentioned in 1° to 6° of I of article L. 2143-3; 2° The procedures for collecting the identity of children provided for in II of the same article L. 2143-3;…