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Article R2143-2 of the French Public Health Code

The commission referred to in article L. 2143-6 is called the Commission for Access to Third Party Donor Data by Persons Born of Medically Assisted Procreation. The members of the commission are appointed by joint order of the Minister of Justice, the Minister for Health and the Minister for Social Action, for a period of five years, renewable once. The duties of a member of the Commission entitle him/her to…

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Article R2143-3 of the French Public Health Code

I.-The Committee meets when convened by its Chairman. The notice of meeting shall specify the agenda. On the Chairman’s proposal, the Committee may hear a third party on a point on the agenda. II-The Committee may only validly deliberate if at least nine members are present. III-The Committee’s decisions are taken by a majority of the members present. IV-The Commission may delegate to its Chairman the power to carry out,…

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Article R2143-4 of the French Public Health Code

Third party donors of gametes or embryos, as defined in article L. 2143-1 and in 1° of article R. 2143-1, consent, for each donation, to the communication of their identity and their non-identifying data mentioned in article L. 2143-3 as part of the pre-donation interviews mentioned in articles R. 1244-2 and R. 2141-2, using a consent form, the model for which is laid down by order of the Minister for…

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Article R2143-5 of the French Public Health Code

I.-The doctor from the health organisation or establishment mentioned in the third paragraph of Article L. 2142-1 collects the identity and non-identifying data, mentioned in I of Article L. 2143-3, from third-party donors who have consented to the communication of their data under the conditions set out in Article R. 2143-4, using a form for collecting identity and non-identifying data, the model for which is set by order of the…

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Article R2143-6 of the French Public Health Code

As soon as the donation is used, the healthcare organisation or institution shall include the data communicated by the third party donors in the data processing provided for in Article L. 2143-4. The data is completed after the birth of the child by the collection of the information mentioned in II of article L. 2143-3. To this end, the beneficiaries of medically assisted procreation provide the doctor with data relating…

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Article R2143-7 of the French Public Health Code

I.-Third-party donors who are not subject to the provisions of Chapter III of Title IV of Book I of Part Two of the Legislative Part of this Code at the time of donation may, at any time, contact the Commission d’accès des personnes nées d’une assistance médicale à la procréation aux données des tiers donneurs, in order to give their consent for their identity and non-identifying data mentioned in Article…

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Article R2143-8 of the French Public Health Code

Third-party donors who inform the Commission of their refusal to consent to the disclosure of their identity data and the non-identifying data referred to in Article L. 2143-3 or who do not respond to the Commission’s request may still consent at a later date by applying to the Commission in accordance with the procedures set out in Article R. 2143-7.

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Article R2143-9 of the French Public Health Code

I.- Persons born of medically assisted procreation with a third party donor who, when they reach the age of majority, wish to have access, in application of the provisions of article L. 2143-5, to the identity of the third party donor, to the non-identifying data mentioned in article L. 2143-3 or to these two categories of data, shall refer the matter to the commission for access by persons born of…

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Article R2143-10 of the French Public Health Code

I.-The processing of personal data provided for in Article L. 2143-4 is called the “Gamete and Embryo Donation Register”. This processing, placed under the responsibility of the Agence de la biomédecine, is implemented for the performance of a mission of public interest, in accordance with the provisions of e of 1 of Article 6 of Regulation (EU) 2016/679 of 27 April 2016, and for the reasons of public interest mentioned…

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Article R2143-11 of the French Public Health Code

The categories of personal data and information recorded in the processing mentioned in article R. 2143-10 are: 1° With regard to third-party donors: a) The data relating to their identity mentioned in 3° of article R. 2143-1; b) The non-identifying data mentioned in 4° of article R. 2143-1 and specified in article R. 2143-12; c) Data relating to the use of gametes and embryos for medically assisted procreation with a…

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