Preliminary chapter: General principles

The examination of constitutional genetic characteristics consists of analysing the genetic characteristics of a person inherited or acquired at an early stage of prenatal development. This examination and the identification of a person by genetic fingerprinting are subject to articles 16-10 to 16-13 of the Civil Code, in particular to the terms and conditions of consent by this person to such examinations or identifications, to this Title and, where applicable,…

The examination of somatic genetic characteristics consists of searching for and analysing genetic characteristics whose inheritance or transmissibility is initially unknown. When the results of the examination of somatic genetic characteristics are likely to reveal characteristics referred to in Article L. 1130-1 or make it necessary to carry out examinations referred to in the same Article, the person is invited to attend a consultation with a doctor qualified in genetics…

By way of derogation from articles 16-10 and 16-11 of the Civil Code, when the person is incapable of expressing his or her wishes, the examination or identification may be undertaken for medical purposes in the interests of that person. Prior to carrying out the examination or identification, the doctor shall ensure that the person has not previously objected to it to the trusted support person referred to in article…

I.- By way of derogation fromArticle 16-10 of the Civil Code, when the person is incapable of expressing his or her wishes or when he or she is deceased, the examination may be undertaken for medical purposes in the interests of the members of his or her family who may be concerned if a doctor suspects a genetic anomaly which may be responsible for a serious condition justifying preventive measures,…

I.-Pursuant to III of Article 16-10 of the Civil Code, the examination of a person’s genetic characteristics for scientific research purposes may be carried out using elements of that person’s body taken for other purposes when that person, having been duly informed of the research programme within the meaning of Article L. 1243-3 of this Code, has not expressed his or her opposition. Opposition to the examination provided for in…

I – A decree in the Council of State specifies the procedures for applying this chapter. II -An order of the Minister for Health, issued on a proposal from the Agence de la biomédecine, sets the criteria determining the medical situations justifying, in the case of a person who is unable to express his or her wishes or who has died, the performance of an examination of his or her…