Difference between revisions of "France"

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|image_flag=France_flag.gif
 
|image_flag=France_flag.gif
 
|Region=Europe
 
|Region=Europe
|Population=64,473,140
+
|Population=64473140
|GDP=2,560,255
+
|GDP=2560255
 
|Eggs for assisted reproduction=commercial allowed
 
|Eggs for assisted reproduction=commercial allowed
 
|Eggs for research=commercial prohibited
 
|Eggs for research=commercial prohibited
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|Reproductive cloning=PROHIBITED
 
|Reproductive cloning=PROHIBITED
 
|Research cloning=PROHIBITED
 
|Research cloning=PROHIBITED
|Sex selection=social uses prohibited
+
|Sex selection=Social uses prohibited
 
|Surrogacy=PROHIBITED
 
|Surrogacy=PROHIBITED
 
|European Union=Member
 
|European Union=Member
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|2005 UNESCO Sports Doping Convention=RATIFIED
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|Treaty of Lisbon=RATIFIED
 
|Treaty of Lisbon=RATIFIED
 +
|Introduction=
 
|Key laws and policies=* Bioethics Law No. 2004-800 ([http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000441469&dateTexte= LOI n° 2004-800 du 6 août 2004 relative à la bioéthique]) (August 6, 2004), found in:
 
|Key laws and policies=* Bioethics Law No. 2004-800 ([http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000441469&dateTexte= LOI n° 2004-800 du 6 août 2004 relative à la bioéthique]) (August 6, 2004), found in:
** Penal code, Book II - Felonies and Misdemeanors against Persons, Title I - Crimes against Humanity and Against Persons, [http://195.83.177.9/code/liste.phtml?lang=uk&c=33&r=3676 Subtitle II - Crimes against Persons]
+
** Penal code, Book II - Felonies and Misdemeanors against Persons, Title I - Crimes against Humanity and Against Persons, [http://www.legifrance.gouv.fr/content/download/1957/13715/.../Code_33.pdf Subtitle II - Crimes against Persons]
** Penal code, Book V - Other Felonies and Misdemeanors, Title I - Offences against Public Health, [http://195.83.177.9/code/liste.phtml?lang=uk&c=33&r=3852 Chapter I - Offences against Biomedical Ethics]
+
** Penal code, Book V - Other Felonies and Misdemeanors, Title I - Offences against Public Health, [http://www.legifrance.gouv.fr/content/download/1957/13715/.../Code_33.pdf Chapter I - Offences against Biomedical Ethics]
** Intellectual Property Code, Book VI - Protection of Inventions and Technical Knowledge, Title I - Invention Patents, Chapter I - Field of Application, [http://195.83.177.9/code/liste.phtml?lang=uk&c=36&r=2560 Section III - Patentable Inventions]
+
** Intellectual Property Code, Book VI - Protection of Inventions and Technical Knowledge, Title I - Invention Patents, Chapter I - Field of Application, [http://www.legifrance.gouv.fr/content/download/1957/13715/.../Code_33.pdf Section III - Patentable Inventions]
 
* [http://www.napoleon-series.org/research/government/code/book3/c_title03.html#section3 Of the Object and Matter of Contracts, ]Article 1128 of the Civil Code
 
* [http://www.napoleon-series.org/research/government/code/book3/c_title03.html#section3 Of the Object and Matter of Contracts, ]Article 1128 of the Civil Code
  
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|Prohibited practices=The Bioethics Law of 2004 prohibits:
 
|Prohibited practices=The Bioethics Law of 2004 prohibits:
 
* Reproductive cloning, which is deemed a crime against the human race; violators may receive jail sentences of up to 30 years and fines of 7.5 million Euros (about $11m)
 
* Reproductive cloning, which is deemed a crime against the human race; violators may receive jail sentences of up to 30 years and fines of 7.5 million Euros (about $11m)
* Research cloning, which is punishable with up to 7 years in prison and fines
+
* Research cloning, which is punishable by up to 7 years in prison and fines
 
* Creation of human embryos for research purposes
 
* Creation of human embryos for research purposes
 
* Inheritable genetic modification
 
* Inheritable genetic modification
* "The invasion into the integrity of the human species, eugenic behaviors intended to organize selection of human beings, and conversion of genetic characteristics leading to any change in descendants of humans."<ref name=ajlm>George J. Annas, Lori B. Andrews and Rosario M. Isasi, "[http://geneticsandsociety.org/article.php?id=159 Protecting the Endangered Human: Toward an International Treaty Prohibiting Cloning and Inheritable Alterations]," ''American Journal of Law and Medicine'' (Vol. 28. Nos. 2 & 3, 2002)</ref>  
+
* "The invasion into the integrity of the human species, eugenic behaviors intended to organize selection of human beings, and conversion of genetic characteristics leading to any change in descendants of humans."<ref name=ajlm>George J. Annas, Lori B. Andrews and Rosario M. Isasi, "[http://geneticsandsociety.org/article.php?id=159 Protecting the Endangered Human: Toward an International Treaty Prohibiting Cloning and Inheritable Alterations]," ''American Journal of Law and Medicine'' (Vol. 28. Nos. 2 & 3, 2002).</ref>  
 
* Sex selection, except for medical reasons
 
* Sex selection, except for medical reasons
  
Surrogacy is implicitly prohibited by multiple statutes, including Article 1128 of the Civil Code, and explicitly by court rulings.<ref name="De Cruz">Peter de Cruz, "[http://books.google.com/books?id=_i7YsEFWrLAC&pg=PT560&lpg=PT560&dq=france+surrogacy+law+OR+policy&source=web&ots=k6qXeZsVM0&sig=rHTG52zOz3OThVYdxubqZMz51Qw&hl=en#PPT560,M1 Surrogacy in France]," in ''Comparative Healthcare Law'' (Routledge Cavendish, 2001)</ref>
+
 
 +
'''Surrogacy'''
 +
 
 +
Surrogate motherhood has been prohibited in France since 1991, under a decision by the Cour de cassation (France’s highest court), (Cass. Ass. plén., 31/05/1991).
 +
 
 +
The prohibition was confirmed in the bioethics law of 1994, and is codified in article 16-7 of French Civil Code (“Civil Code”). Article 16-9 of the Civil Code makes the prohibition of public order. (In France, prohibitions of ordre public or public order are mandatory rules created unilaterally by the state to protect fundamental values of the society, and from which parties have no freedom to derogate. A foreign law applicable under a conflict of laws analysis would be evicted if contrary to a mandatory rule.)
 +
 
 +
A surrogacy contract is null and void, and violations are punished by civil and criminal sanctions. (Civil sanctions are described in articles 311-25, 325 and 332-1 of the Civil Code and criminal sanctions at articles 227-12 §3 and 227-13 of the Penal Code.)
 
|Permitted and regulated practices=The Bioethics Law of 2004 gives the French Biomedicine Agency (Agence de la biomédecine) regulatory responsibility for technologies and activities regarding:   
 
|Permitted and regulated practices=The Bioethics Law of 2004 gives the French Biomedicine Agency (Agence de la biomédecine) regulatory responsibility for technologies and activities regarding:   
 
* Reproductive cells
 
* Reproductive cells
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*** artificial insemination
 
*** artificial insemination
 
*** in vitro fertilization  
 
*** in vitro fertilization  
*** all other non-natural procreation techniques, including gamete donation. Providing eggs for assisted reproduction - including with payments - is permitted.<ref name=asrm>American Society for Reproductive Medicine, "[http://www.fertstert.org/issues/contents?issue_key=S0015-0282(07)X0176-6 IFFS Surveillance 07]," ''Fertility and Sterility'' (Vol. 87. No. 4, Suppl. 1, April 2007)</ref>
+
*** all other non-natural procreation techniques, including gamete donation  
 
** Storage of human gametes
 
** Storage of human gametes
 
* In vitro embryos
 
* In vitro embryos
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*** chromosome genetic diagnosis (study of the shape and number of chromosomes)
 
*** chromosome genetic diagnosis (study of the shape and number of chromosomes)
 
*** molecular genetic diagnosis (research on the DNA structure)
 
*** molecular genetic diagnosis (research on the DNA structure)
*** biochemical, infectiological and immunological diagnosis using samples from a foetus, its related tissues or the mother
+
*** biochemical, infectiological, and immunological diagnosis using samples from a fetus, its related tissues or the mother
 
* Birth or abortion
 
* Birth or abortion
 
** Cells procured from the blood in the umbilical cord
 
** Cells procured from the blood in the umbilical cord
** Procurement of tissues and cells from an aborted foetus for transplants or research
+
** Procurement of tissues and cells from an aborted fetus for transplants or research
 
* Living persons
 
* Living persons
** Genetic diagnosis on persons with symptoms (cystic fibrosis, Duchennes muscular dystrophy, haemophilia, etc.) or without symptoms (late appearing diseases such as Huntington’s Disease)
+
** Genetic diagnosis on persons with symptoms (cystic fibrosis, Duchennes muscular dystrophy, hemophilia, etc.) or without symptoms (late appearing diseases such as Huntington’s disease)
 
** Genetic diagnosis based on predisposition factors (breast cancer) or the study of risks in families  
 
** Genetic diagnosis based on predisposition factors (breast cancer) or the study of risks in families  
** Procurement of organs, tissues and cells
+
** Procurement of organs, tissues, and cells
** Organ, tissue and cell transplants
+
** Organ, tissue, and cell transplants
 
* Deceased persons
 
* Deceased persons
** Procurement of organs, tissues and cells
+
** Procurement of organs, tissues, and cells
 
** Storage of tissues and cells
 
** Storage of tissues and cells
 +
 +
Note French legislation requires that an embryo conceived in vitro must employ the egg or sperm of at least one member of the couple.
 +
 +
Anonymous egg or sperm donation is otherwise permitted.
 +
 +
Donation of eggs or sperm must be gratuitous; the law prohibits any payment.
 +
 +
Embryos conceived by a couple who no longer are going to use them can be donated to another couple on certain conditions. For example, the donation is subject to a decision by the legal authority (formalizing the procedure), which obtains the consent of the couple initially responsible for the conception of the embryo. The principles of anonymity and gratuity also apply.
 
|Regulatory activities=The French Biomedicine Agency conducts these activities regarding assisted reproductive technologies and diagnosis:
 
|Regulatory activities=The French Biomedicine Agency conducts these activities regarding assisted reproductive technologies and diagnosis:
 
* Authorizes multidisciplinary centers for prenatal diagnosis
 
* Authorizes multidisciplinary centers for prenatal diagnosis
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* Approves biologists to carry out prenatal diagnosis
 
* Approves biologists to carry out prenatal diagnosis
 
* Approves practitioners for clinical and biological activities in assisted reproductive technologies
 
* Approves practitioners for clinical and biological activities in assisted reproductive technologies
* Delivers official opinions on authorizations granted to centres for assisted reproductive technologies
+
* Delivers official opinions on authorizations granted to centers for assisted reproductive technologies
 
* Sets up a monitoring scheme for clinical and biological activities associated with assisted reproductive technologies
 
* Sets up a monitoring scheme for clinical and biological activities associated with assisted reproductive technologies
* Evaluates activities in assisted reproductive technologies, prenatal and genetic diagnosis
+
* Evaluates activities in assisted reproductive technologies and prenatal and genetic diagnosis
 
* Sets up a health monitoring service for women undergoing assisted reproductive technologies, children conceived by this method, and oocyte donors
 
* Sets up a health monitoring service for women undergoing assisted reproductive technologies, children conceived by this method, and oocyte donors
 
* Provides information about gamete donation
 
* Provides information about gamete donation
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The French Biomedicine Agency conducts these activities regarding embryos and embryonic stem cell research:  
 
The French Biomedicine Agency conducts these activities regarding embryos and embryonic stem cell research:  
  
* Authorizes researchers who can work on supernumerary embryos from in vitro fertilization that are no longer required by parents, under strict supervision by the Agency.
+
* Authorizes researchers who can work on supernumerary embryos from in vitro fertilization that are no longer required by parents, under strict supervision by the Agency  
* Delivers authorizations for importing, storing and disposing of embryo tissues and cells required for research purposes. If the conditions of authorization are not respected, the agency can suspend or withdraw a permit.
+
* Delivers authorizations for importing, storing and disposing of embryo tissues and cells required for research purposes. If the conditions of authorization are not respected, the agency can suspend or withdraw a permit
* Guarantees the identification and traceability of human embryos used for research, and of embryonic stem cell lines created from these embryos or imported from abroad.
+
* Guarantees the identification and traceability of human embryos used for research, and of embryonic stem cell lines created from these embryos or imported from abroad  
* Controls the authorized activities, with the possibility of carrying out inspections, or of suspending or definitively halting the work.
+
* Controls the authorized activities, with the possibility of carrying out inspections, or of suspending or definitively halting the work  
* After five years’ experience, the agency will evaluate the results and publish a report that will act as the basis for any possible extension of these authorizations.
+
* After five years’ experience, the agency will evaluate the results and publish a report that will act as the basis for any possible extension of these authorizations
  
 
The Agency also oversees organ procurement and transplants:
 
The Agency also oversees organ procurement and transplants:
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* Developing the national database of volunteer donors of haematopoietic stem cells
 
* Developing the national database of volunteer donors of haematopoietic stem cells
 
* Developing rules for distributing donor organs
 
* Developing rules for distributing donor organs
* Coordinating organ procurement, and their distribution and allocation in France and abroad
+
* Coordinating organ procurement and their distribution and allocation in France and abroad
 
* Evaluating procurement and transplantation activities
 
* Evaluating procurement and transplantation activities
 
* Organizing expert committees for authorizing procurement from living donors
 
* Organizing expert committees for authorizing procurement from living donors
* Developing information on donating, procuring and transplanting organs, tissues and cells
+
* Developing information on donating, procuring, and transplanting organs, tissues, and cells
|Accountability and governance=The French Biomedicine Agency is governed by  
+
|Accountability and governance=The French Biomedicine Agency is governed by:
* A Director General "nominated by decree" for three-year renewable terms.
+
* A Director General "nominated by decree" for three-year renewable terms  
* An executive management board of representatives from different ministries and public health bodies, together with "key figures qualified in the agency’s fields of activity."
+
* An executive management board of representatives from different ministries and public health bodies, together with "key figures qualified in the agency’s fields of activity"
 
* A steering committee (le conseil d’orientation)  
 
* A steering committee (le conseil d’orientation)  
  
 
The steering committee supervises the consistency of the Agency’s medical and scientific policy, and alignment with the regulatory and ethical principles applicable to its activities. It comprises:
 
The steering committee supervises the consistency of the Agency’s medical and scientific policy, and alignment with the regulatory and ethical principles applicable to its activities. It comprises:
* scientific and medical experts
+
* Scientific and medical experts
* representatives from associations
+
* Representatives from associations
* qualified key figures
+
* Qualified key figures
* members of different institutions (e.g., the French Consultative Committee for Ethics, and the French Consultative Commission for Human Rights)
+
* Members of different institutions (e.g., the French Consultative Committee for Ethics, and the French Consultative Commission for Human Rights)
* as well as Members of Parliament
+
* As well as Members of Parliament
 
Numerically, it is comprised of:
 
Numerically, it is comprised of:
 
* 6 scientists
 
* 6 scientists
 
* 3 human tissue experts
 
* 3 human tissue experts
 
* 6 representatives of patient groups
 
* 6 representatives of patient groups
* 6 social scientists or ethicists.  
+
* 6 social scientists or ethicists   
Members are appointed for 3-year terms. The steering committee examines every research project or study on the embryo or embryonic stem cells and gives its expert opinion before the decision concerning authorization is taken.
+
Members are appointed for three-year terms. The steering committee examines every research project or study on the embryo or embryonic stem cells and gives its expert opinion before the decision concerning authorization is taken.
|External links=* [http://www.agence-biomedecine.fr/en/index.asp Agence de la biomédecine]
+
|History=
 +
|External links=* Agency of Biomedicine: [http://www.agence-biomedecine.fr/?lang=fr Agence de la biomédecine]
 +
 
 +
* http://nyujilp.org/the-prohibition-of-surrogate-motherhood-in-france-2/
 
}}
 
}}
 
== References ==
 
== References ==
 
<references/>
 
<references/>

Latest revision as of 12:59, 29 July 2015

France
France flag.gif
Information
Region Europe
Population 64473140
GDP (millions USD) 2560255
National Policies
Eggs for assisted reproduction commercial allowed
Eggs for research commercial prohibited
Inheritable genetic modification PROHIBITED
Preimplantation genetic diagnosis social uses prohibited
Reproductive cloning PROHIBITED
Research cloning PROHIBITED
Sex selection Social uses prohibited
Surrogacy PROHIBITED
International Agreements
1997 COE Biomedicine Convention signed
1998 COE Cloning Convention signed
2005 UN Cloning Vote no
2005 UNESCO Sports Doping Convention RATIFIED
2007 Treaty of Lisbon RATIFIED


Contents

Key laws and policies

Foundational values

France's Bioethics Law of 2004 articulates three foundational values:

  • Respect for the dignity of the human embryo
  • Respect for all stages of life
  • Human rights

Prohibited practices

The Bioethics Law of 2004 prohibits:

  • Reproductive cloning, which is deemed a crime against the human race; violators may receive jail sentences of up to 30 years and fines of 7.5 million Euros (about $11m)
  • Research cloning, which is punishable by up to 7 years in prison and fines
  • Creation of human embryos for research purposes
  • Inheritable genetic modification
  • "The invasion into the integrity of the human species, eugenic behaviors intended to organize selection of human beings, and conversion of genetic characteristics leading to any change in descendants of humans."[1]
  • Sex selection, except for medical reasons


Surrogacy

Surrogate motherhood has been prohibited in France since 1991, under a decision by the Cour de cassation (France’s highest court), (Cass. Ass. plén., 31/05/1991).

The prohibition was confirmed in the bioethics law of 1994, and is codified in article 16-7 of French Civil Code (“Civil Code”). Article 16-9 of the Civil Code makes the prohibition of public order. (In France, prohibitions of ordre public or public order are mandatory rules created unilaterally by the state to protect fundamental values of the society, and from which parties have no freedom to derogate. A foreign law applicable under a conflict of laws analysis would be evicted if contrary to a mandatory rule.)

A surrogacy contract is null and void, and violations are punished by civil and criminal sanctions. (Civil sanctions are described in articles 311-25, 325 and 332-1 of the Civil Code and criminal sanctions at articles 227-12 §3 and 227-13 of the Penal Code.)

Permitted and regulated practices

The Bioethics Law of 2004 gives the French Biomedicine Agency (Agence de la biomédecine) regulatory responsibility for technologies and activities regarding:

  • Reproductive cells
    • Assisted reproductive technologies
      • artificial insemination
      • in vitro fertilization
      • all other non-natural procreation techniques, including gamete donation
    • Storage of human gametes
  • In vitro embryos
    • Pre-implantation genetic diagnosis
    • Storage and donation of human embryos
    • Research on embryos and human embryonic stem cells
  • In vivo embryos and fetuses
    • Prenatal diagnosis
      • chromosome genetic diagnosis (study of the shape and number of chromosomes)
      • molecular genetic diagnosis (research on the DNA structure)
      • biochemical, infectiological, and immunological diagnosis using samples from a fetus, its related tissues or the mother
  • Birth or abortion
    • Cells procured from the blood in the umbilical cord
    • Procurement of tissues and cells from an aborted fetus for transplants or research
  • Living persons
    • Genetic diagnosis on persons with symptoms (cystic fibrosis, Duchennes muscular dystrophy, hemophilia, etc.) or without symptoms (late appearing diseases such as Huntington’s disease)
    • Genetic diagnosis based on predisposition factors (breast cancer) or the study of risks in families
    • Procurement of organs, tissues, and cells
    • Organ, tissue, and cell transplants
  • Deceased persons
    • Procurement of organs, tissues, and cells
    • Storage of tissues and cells

Note French legislation requires that an embryo conceived in vitro must employ the egg or sperm of at least one member of the couple.

Anonymous egg or sperm donation is otherwise permitted.

Donation of eggs or sperm must be gratuitous; the law prohibits any payment.

Embryos conceived by a couple who no longer are going to use them can be donated to another couple on certain conditions. For example, the donation is subject to a decision by the legal authority (formalizing the procedure), which obtains the consent of the couple initially responsible for the conception of the embryo. The principles of anonymity and gratuity also apply.

Regulatory activities

The French Biomedicine Agency conducts these activities regarding assisted reproductive technologies and diagnosis:

  • Authorizes multidisciplinary centers for prenatal diagnosis
  • Authorizes pre-implantation genetic diagnosis centers and approve practitioners
  • Approves biologists to carry out prenatal diagnosis
  • Approves practitioners for clinical and biological activities in assisted reproductive technologies
  • Delivers official opinions on authorizations granted to centers for assisted reproductive technologies
  • Sets up a monitoring scheme for clinical and biological activities associated with assisted reproductive technologies
  • Evaluates activities in assisted reproductive technologies and prenatal and genetic diagnosis
  • Sets up a health monitoring service for women undergoing assisted reproductive technologies, children conceived by this method, and oocyte donors
  • Provides information about gamete donation
  • Authorizes imports and exports of gametes or embryos

The French Biomedicine Agency conducts these activities regarding embryos and embryonic stem cell research:

  • Authorizes researchers who can work on supernumerary embryos from in vitro fertilization that are no longer required by parents, under strict supervision by the Agency
  • Delivers authorizations for importing, storing and disposing of embryo tissues and cells required for research purposes. If the conditions of authorization are not respected, the agency can suspend or withdraw a permit
  • Guarantees the identification and traceability of human embryos used for research, and of embryonic stem cell lines created from these embryos or imported from abroad
  • Controls the authorized activities, with the possibility of carrying out inspections, or of suspending or definitively halting the work
  • After five years’ experience, the agency will evaluate the results and publish a report that will act as the basis for any possible extension of these authorizations

The Agency also oversees organ procurement and transplants:

  • Managing the nationwide list of patients awaiting transplants
  • Managing the national register of those who refuse to be donors
  • Developing the national database of volunteer donors of haematopoietic stem cells
  • Developing rules for distributing donor organs
  • Coordinating organ procurement and their distribution and allocation in France and abroad
  • Evaluating procurement and transplantation activities
  • Organizing expert committees for authorizing procurement from living donors
  • Developing information on donating, procuring, and transplanting organs, tissues, and cells

Accountability and governance

The French Biomedicine Agency is governed by:

  • A Director General "nominated by decree" for three-year renewable terms
  • An executive management board of representatives from different ministries and public health bodies, together with "key figures qualified in the agency’s fields of activity"
  • A steering committee (le conseil d’orientation)

The steering committee supervises the consistency of the Agency’s medical and scientific policy, and alignment with the regulatory and ethical principles applicable to its activities. It comprises:

  • Scientific and medical experts
  • Representatives from associations
  • Qualified key figures
  • Members of different institutions (e.g., the French Consultative Committee for Ethics, and the French Consultative Commission for Human Rights)
  • As well as Members of Parliament

Numerically, it is comprised of:

  • 6 scientists
  • 3 human tissue experts
  • 6 representatives of patient groups
  • 6 social scientists or ethicists

Members are appointed for three-year terms. The steering committee examines every research project or study on the embryo or embryonic stem cells and gives its expert opinion before the decision concerning authorization is taken.

External links

[edit] References

  1. George J. Annas, Lori B. Andrews and Rosario M. Isasi, "Protecting the Endangered Human: Toward an International Treaty Prohibiting Cloning and Inheritable Alterations," American Journal of Law and Medicine (Vol. 28. Nos. 2 & 3, 2002).