French Public Health Code
In forceI.-If the guardianship judge considers, after hearing the protected person, that the latter is able to consent to the taking of the sample, he/she shall obtain his/her consent under the conditions defined in article R. 1231-3.
The record of the act is kept at the court registry and a copy is sent to the protected person and to the person responsible for this measure.
II - The protected person who has been declared competent to consent to the removal of tissue sends the committee of experts referred to in article L. 1231-3 a request for authorisation to remove tissue, together with a copy of the document referred to in the first paragraph.
The committee of experts shall interview the donor and ensure that he has assessed the risks and consequences of the removal. It makes its decision under the conditions set out in articles R. 1231-8 and R. 1231-9. It asks the doctor who indicated the transplant to provide proof that every effort has been made to find an unprotected adult donor compatible with the recipient.
The committee of experts communicates its decision by any means that ensures it is received with a date certain to the donor, the person in charge of the protection measure, the guardianship judge, who informs the judge in charge of the protection measure if necessary, and the doctor in charge of the service, department or care structure of the health establishment in which the removal is envisaged. The doctor forwards the decision to the director of the establishment.
