Tissue and cell samples may only be taken from a deceased person if that person is assisted by mechanical ventilation and retains haemodynamic function. However, tissue and cell samples from a list established by order of the Minister for Health, made on the recommendation of the Director General of the Biomedicine Agency, may be taken from a deceased person with persistent cardiac and respiratory arrest.
The provisions of section 3 of chapter II of title III of this book are applicable to the removal of tissues or cells defined in article L. 1241-6.
I.- In compliance with the requirements set out in Article L. 1211-2, any person of legal age who agrees to the removal or collection of tissues or cells shall receive, prior to consenting to the donation or not objecting to the use of these tissues or cells when they have been removed during surgery carried out in his or her interest, information on the purposes, procedures and consequences of this…
Skin is the only tissue that can be removed from a living person in application of the first paragraph of article L. 1241-1.
Skin may only be removed from a living donor if the following three conditions are met: -the harvest is carried out, in the absence of an available therapeutic alternative, for the treatment of extensive burns or lesions of a necrotising nature threatening the vital prognosis of the recipient; -the donation is carried out either on the recipient’s homozygous twin or, where the recipient has previously received a haematopoietic stem cell…
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…
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
