French Public Health Code
In forceEmbryonic or foetal tissues or cells may only be removed, preserved and used following termination of pregnancy for diagnostic, therapeutic or scientific purposes. The woman who has undergone a termination of pregnancy gives her written consent after having received appropriate information on the purposes of such removal. This information must be given after the woman has decided to terminate her pregnancy.
Such a sample may not be taken if the woman having undergone the termination of pregnancy is a minor or is the subject of a legal protection measure, unless the purpose is to investigate the causes of the termination of pregnancy. In this case, the woman who has undergone the termination of pregnancy must have been informed in advance of her right to object to the removal of the tissue.
Embryonic or foetal tissues and cells removed during termination of pregnancy, when stored with a view to subsequent use, are subject only to the provisions of Articles L. 1211-1, L. 1211-3 to L. 1211-7 and Chapter III of this Title.
Samples taken for scientific purposes other than those intended to investigate the causes of termination of pregnancy may only be taken within the framework of protocols submitted to the Agence de la biomédecine prior to their implementation. The Agency communicates the list of these protocols, together with its opinion on them where applicable, to the Minister in charge of research. The Minister may suspend or prohibit the implementation of these protocols if their scientific relevance or the need for the removal is not established, or if compliance with ethical principles is not ensured.
