Chapter I: Levy and collection.

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 living person of full age who is the subject of a legal protection measure with representation relating to the person for the benefit of his or her brother or sister.

In the absence of any other appropriate therapeutic solution, the removal of haematopoietic cells from bone marrow or peripheral blood may, exceptionally, be carried out on a living adult who is the subject of a legal protection measure with representation relating to the person, for the benefit of one of his/her parents, one of his/her children, his/her first cousin, his/her uncle or aunt, or his/her nephew or niece.

Where the recipient is one of his or her parents or the person in charge of the protective measure, or where the person in charge of the protective measure is an ascendant or collateral relative of the recipient, the guardianship judge shall immediately appoint an ad hoc administrator, who may not be an ascendant or collateral relative of the parents or of the protected adult, to represent the latter and to be informed, by the practitioner who indicated the transplant or any other practitioner, of the risks incurred by the protected adult and the possible consequences of the removal.

For the purposes of the first three paragraphs of this article, if the competent guardianship judge considers, after hearing the person, that the protected person is able to consent to the removal, he or she shall receive this consent to the removal, which may only be carried out after it has been authorised by the committee of experts referred to in article L. 1231-3. If this is not the case, the guardianship judge shall authorise the removal after obtaining the opinion of the person concerned, where possible, the person responsible for the protective measure, where the latter is neither the recipient nor a descendant or collateral of the recipient, the committee of experts and, where applicable, the ad hoc administrator.

Before formulating its opinion or issuing the authorisation provided for in the fourth paragraph of this article, the committee of experts referred to in article L. 1231-3 shall ensure that every effort has been made to find a donor of legal age who is sufficiently compatible with the recipient.

The protected person's refusal shall prevent the donation from taking place.