French Public Health Code
In forceI.- Persons born of medically assisted procreation with a third party donor who, when they reach the age of majority, wish to have access, in application of the provisions of article L. 2143-5, to the identity of the third party donor, to the non-identifying data mentioned in article L. 2143-3 or to these two categories of data, shall refer the matter to the commission for access by persons born of medically assisted procreation to third party donor data using a form that the latter shall make available to the public.
Requests sent using this form must, on pain of inadmissibility, be accompanied by the following supporting documents:
1° The applicant provides proof of his/her identity by means of an official document issued by a public authority and bearing his/her surname at birth, first names, date and place of birth, photograph and signature as well as identification of the authority that issued the document, the date and place of issue;
2° He/she provides proof of his/her parent-child relationship with the beneficiaries of medically assisted procreation by producing a full copy of his/her birth certificate dated less than three months previously.
The form referred to in the first paragraph and the relevant attachments shall be sent to the Commission by any means enabling the application to be dated with certainty.
After checking that the request for access is complete, the Commission will acknowledge receipt within two months.
II - The Commission shall check with the Agence de la biomédecine that the person born as a result of medically assisted procreation with a third party donor is included in the data processing provided for in Article L. 2143-4.
The Agence de la biomédecine has a period of two months in which to transmit to the commission the non-identifying data and the data relating to the identity of the third party donor, under conditions that strictly guarantee their confidentiality.
The commission shall send this data to the person who made the request for access by any means that enables receipt to be acknowledged and under conditions that strictly guarantee confidentiality.
III - Where the person born as a result of medically assisted procreation with a third party donor does not appear in the data processing provided for in Article L. 2143-4, the Agence de la biomédecine shall inform the Commission.
The committee shall identify and refer the matter to the competent body or health establishment mentioned in the third paragraph of article L. 2142-1 in order to obtain the identity and contact details of the third party donor.
The consent of the third-party donor is obtained under the conditions laid down in article R. 2143-7.
When the third party donor cannot be found by the commission, when he does not respond to the commission's request or when he refuses to consent to the communication of his non-identifying data and data relating to his identity, the commission shall inform the applicant that his request cannot be acted upon, by any means enabling receipt of this information to be acknowledged and under conditions strictly guaranteeing confidentiality.
