What the Bioethics Act provides for

Assisted Human Reproduction (MAP) extended to all women

The law expands access to medically assisted reproduction (MAP) to female couples and single women and removes the medical criterion of infertility. Until now, it has been reserved for heterosexual couples on medical grounds. The reimbursement of the LDC by health insurance is open to these women.

The two members of the couple or the single woman wishing to carry out an PMA in France will have to give their consent before a notary, before artificial insemination or the transfer of embryos.

Right of access to the origins of children born in LDCs

Persons born in an LDC in France will be able to access as soon as they reach the age of majority

non-identifying data

(age, physical characteristics, family or professional situation...) or the identity of their donor.

From 1^er as of september 2022, any gamete donor will have to consent to the disclosure of this data before making the donation. Children born in LDCs before the enactment of the law will be able to refer the new Donor Data Access Commission to contact the donor and ask them about their wish to disclose their personal information.

Evolution of the recognition of filiation

A new type of parentage based on early joint recognition is being introduced for children born to a LDC in a female couple.

The two women in the couple must establish early joint recognition of the child before conception (before artificial insemination or the transfer of an embryo successfully carried out) with a notary.

The filiation thus established will have the same scope and effects as the filiation

by blood

or adoptive filiation.

In addition, couples of women who have made use of an LDC abroad before the publication of that law may, under a transitional arrangement set up for a period of 3 years from the publication of the law, that is to say, until 4 August 2024, proceed to joint (a posteriori) recognition before a notary to establish the filiation of the woman who has not given birth.

For children born of surrogacy (GPA) abroad, their filiation will be assessed under French law, the transcription of a foreigners civil status document will be restricted to the biological parent only, the second parent will have to go through an adoption procedure.

Self-preservation of gametes for all

In order for women and men to later be able to have their gametes (oocytes or sperm) frozen without medical justification. Until now, a woman could not freeze her own eggs unless medically necessary.

Decree No. 2021-1243 of September 28, 2021 specifies the age requirements for the self-preservation “of its gametes with a view to the subsequent realization of medical assistance for reproduction”:

• oocyte sampling can be done in women between 29^e and its 37^e birthday;
• the collection of spermatozoa can be carried out with son 29^e at its 45th^e birthday.

Acts related to the collection or collection of gametes will be reimbursed but not the cost of preservation.

Finally, the collection of consent from the gamete donor's spouse is deleted.

Other provisions

The possibilities of bone marrow donation by a minor or a protected adult for the benefit of his parents are extended.

The reflection period of one week in case of medical termination of pregnancy is deleted. In addition, the text creates a new category of abortion, the partial voluntary termination of a multiple pregnancy in case of danger to the health of the woman, embryos or fetuses.

The law relaxes the selection criteria for blood donation to avoid any form of discrimination based on sex or the nature of sexual relations. Until now, homosexuals could only donate blood after a four-month period of abstinence. An order from the Minister of Health is planned.

Embryo research is more regulated and certain ethical values are reaffirmed: the prohibition of creating embryos for research purposes, of altering the genetic heritage of an embryo destined for birth.