Chapter I: General provisions.

I. - The two members of the couple or the unmarried woman whose embryos are conserved are consulted each year as to whether they maintain their parental project. If they confirm in writing that they maintain their parental project, the conservation of their embryos is continued.

II. - If they no longer have a parental project, the two members of the couple or the unmarried woman consent in writing to:

1° Their embryos being received by another couple or another woman under the conditions set out in articles L. 2141-5 and L. 2141-6;

2° Their embryos being the subject of research under the conditions set out in article L. 2151-5 or, under the conditions laid down by Title II of Book I of Part One, for cells derived from these embryos to be used in a cell therapy preparation or an advanced therapy medicinal product for exclusively therapeutic purposes;

3° For the storage of their embryos to be terminated.

In all cases, this written consent is confirmed at the end of a three-month reflection period from the date of the first consent referred to in the first paragraph of this II. If the consent is not revoked in writing within this period, this is deemed to be confirmation.

In the case referred to in 2°, the consent of both members of the couple or of the unmarried woman may be revoked as long as there has been no intervention on the embryo as part of the research.

III. - During the annual consultation referred to in I, the two members of the couple must specify whether, in the event of the death of one of them, they consent to one of the options for the future of the embryos kept provided for in 1° or 2° of II.

In the event of the death of one of the members of the couple, the surviving member is consulted, where appropriate, as to whether he/she maintains his/her consent to the options provided for in the same 1° or 2°, after the expiry of a period of one year from the date of death, unless he/she takes the initiative beforehand. If the surviving member revokes his consent, the embryo conservation is terminated.

IV. - In the event that one of the two members of the couple or the unmarried woman, consulted annually on at least two occasions, under conditions specified by decree in the Conseil d'Etat, do not respond as to whether or not they maintain their parental project, embryo storage is terminated if the duration of this is at least equal to five years. The same applies in the event of disagreement between the members of the couple about whether or not to maintain their parental project or what should happen to the embryos. The same applies in the event of written revocation of consent in accordance with the penultimate paragraph of II.

V. - When both members of the couple or the unmarried woman have consented, under the conditions set out in articles L. 2141-5 and L. 2141-6, to the reception of their embryos and these have not been received within five years of the day on which this consent was confirmed, the conservation of these embryos is terminated at the end of this period.

VI. - If both members of the couple or the unmarried woman have consented to their embryos being the subject of research authorised under the conditions set out in Article L. 2151-5 and if these embryos have not been included in a research protocol within a period of five years from the date on which this consent was confirmed, the storage of these embryos is terminated at the end of this period.

VII. - In the event of the death of both members of the couple, of one of its members or of the unmarried woman in the absence of the consents provided for in 1° and 2° of II of this article, the conservation of their embryos is terminated.