Chapter I: General provisions.

I.-A person of full age who meets the age conditions set by a decree of the Conseil d'Etat, issued after consultation with the Agence de la biomédecine, may benefit from the collection, retrieval and storage of his or her gametes with a view to subsequent medically assisted procreation on his or her behalf under the conditions set out in this chapter, following medical supervision by the multidisciplinary clinical biology team.

Collection, retrieval and storage are subject to the written consent of the person concerned, obtained by the multidisciplinary clinical biology team after information on the conditions, risks and limits of the procedure and its consequences. The multidisciplinary clinical-biological team may simultaneously obtain the consent provided for in the second paragraph of II.

When the gametes stored are spermatozoa, the person concerned is informed that he or she may, at any time, give written consent for part of his or her gametes to be donated in accordance with Chapter IV of Title IV of Book II of Part One of this Code.

The costs of gamete conservation carried out in application of this I may not be paid for or compensated for, directly or indirectly, by the employer or by any natural person or any legal entity under public or private law with whom the person concerned is economically dependent.

Only public health establishments or private not-for-profit health establishments authorised to provide the public hospital service may, where they have been authorised to do so, take, collect and conserve the gametes referred to in this I. These activities may not be carried out as part of the self-employed activity provided for in article L. 6154-1. By way of derogation, if no public or private not-for-profit organisation or health establishment carries out these activities in a département, the Director General of the Regional Health Agency may authorise a private for-profit health establishment to carry them out, subject to the latter guaranteeing that it will not charge more than the rates set by the administrative authority and the rates for fees provided for in 1° of I of article L. 162-14-1 of the Social Security Code.

II. -The person whose gametes are stored in application of I of this article is consulted each calendar year. He/she consents in writing to the continuation of this storage.

If he/she no longer wishes to continue this storage or if he/she wishes to specify the conditions of storage in the event of death, he/she consents in writing to:

1° his/her gametes being donated in accordance with Chapter IV of Title IV of Book II of Part One of this Code;

2° his/her gametes being the subject of research under the conditions provided for in articles L. 1243-3 and L. 1243-4;

3° That the storage of his/her gametes be terminated.

In all cases, this consent is confirmed at the end of a reflection period of three months from the date of the first consent. If the consent is not revoked in writing within this period, it shall be deemed to be confirmed.

Consent may be revoked until the gametes are used or their storage is terminated.

In the absence of a response for ten consecutive calendar years from the person whose gametes are stored and in the absence of the consent provided for in 1° or 2° of this II, storage shall be terminated.

In the event of the death of the person and in the absence of the consent provided for in the same 1° or 2°, storage of the gametes shall be terminated.