By way of derogation from the provisions of Article L. 1241-2, in the absence of any other therapeutic solution, a sample of haematopoietic cells collected from bone marrow or peripheral blood may be taken from a minor for the benefit of his or her brother or sister.
Where such removal is not possible and in the absence of any other appropriate therapeutic solution, the removal of haematopoietic cells from bone marrow may, exceptionally, be carried out on a minor for the benefit of one of his or her parents, first cousin, uncle or aunt, nephew or niece.
Transplantation for the benefit of a family member other than the parents may only be carried out subject to the consent of each of the persons exercising parental authority or, where applicable, the minor’s guardian, who have been informed of the risks incurred by the minor and the possible consequences of the transplantation by the practitioner who indicated the need for a transplant or by any other practitioner of their choice. Consent is expressed before the president of the judicial court or the magistrate designated by him, who first ensures that the consent is free and informed. In the event of a life-threatening emergency, consent is obtained by any means by the public prosecutor. Consent may be revoked without formality at any time. The taking of the sample is subject to authorisation by the committee of experts referred to in article L. 1231-3.
In the event that the sample is taken from a minor on an exceptional basis for the benefit of one of his or her parents exercising parental authority, the president of the judicial court shall immediately appoint an ad hoc administrator, who may not be an ascendant or collateral relative of the parents or of the minor, to represent the latter under the conditions set out in article 388-2 of the Civil Code, in place of his or her parents. The practitioner who recommended the transplant or any other practitioner chosen by the parents informs the ad hoc administrator, under the same conditions as the parents, of the risks incurred by the minor and the possible consequences of the removal.
The president of the judicial court shall authorise the removal after hearing the minor, if capable of discernment, the parents and the ad hoc administrator, and after obtaining the opinion of the committee of experts referred to in article L. 1231-3 of this Code.
Before issuing the authorisation or formulating the opinion provided for in this article, the committee of experts referred to in the same article L. 1231-3 shall ensure that, in particular with regard to the rules of good practice referred to in article L. 1245-6, the conditions under which the removal is carried out do not involve any risk for the minor given his or her age or development, that every effort has been made to find an adult donor who is sufficiently compatible for the recipient and that the minor has been informed of the planned removal with a view to expressing his or her wishes, if he or she is able to do so. In this case, the minor’s refusal is an obstacle to the donation.