French Public Health Code
In forceI.-Chapter IV of Title IV of Book II of this Part is applicable in New Caledonia and French Polynesia, as amended by Decrees No. 2008-588 of 19 June 2008, No. 2015-1281 of 13 October 2015, No. 2016-273 of 4 March 2016, and No. 2017-631 of 25 April 2017, with the exception of Articles R. 1244-1 and R. 1244-6, and subject to the adaptations provided for in II.
II.-A.-At 3° of Article R. 1244-2, the words: in accordance with the rules of good practice defined by the order provided for in Article L. 2141-1 are deleted.
B.-Article R. 1244-5 is replaced by the following provisions:
"Art. R. 1244-5.The donor's file, kept by the authorised structures in accordance with the regulations applicable locally, shall contain in particular, in anonymous form:
"1° The number of children born as a result of the donation;
"2° The written consent of the donor and, if he is part of a couple, that of the other member of the couple;
"3° In the case of a donor who has not yet procreated: certification that he has undergone the interview provided for in III of Article R. 1244-2 and a statement, where applicable, that some of his gametes have been preserved with a view to subsequent medically assisted procreation for his benefit under the conditions laid down in Title IV of Book I of Part Two of this Code.
"This file is kept for a minimum period of forty years, regardless of the medium, in anonymous form. Archiving is carried out under conditions that guarantee confidentiality.
"Before the gametes are collected or retrieved, the donor must expressly give his consent for the file to be kept.
"Information relating to the identity of donors, the identification of children born and the biological links between them shall be kept, regardless of the medium, in such a way as to guarantee strict confidentiality. "
