The bioethics law establishes access to origins according to the principles of variable geometry

The bioethics law adopted on 29 June 2021, which should be promulgated during the summer, recognises for the first time for people born through donor conception, a right to know their personal origins. When the law enters into force, which should be set no later than September 1, 2022, to donate their gametes or embryos, it will be necessary to accept that non-identifying data and their identity be transmitted to the donor conceived person when they reach adulthood at their request. Donor conceived people will therefore have guaranteed access to their origins from their majority, even in the event of the donor’s death. However, until a date set by decree, which could go beyond September 2022, it will remain possible to conceive children using donations from the previous regime. For these individuals and those already born from a donation, access to their origins, whether or not identifying data such as medical history, will be subject to the donor’s consent at the time of the request. If the donor cannot be located, consent is refused or is deceased, the donor conceived person will not have access to any information about the donor. Information may be obtained through DNA test on the internet, an illegal practice in France (see on this subject the petition https://www.change.org/pacteprésidentielorigines). CHIP would like thank Audrey and Arthur Kermalvezen for preparing this brief. CHIP also welcomes the progress made by France, which moves towards opening up access for donor conceived people but regrets, however, that the law does not go further, particularly in terms of retroactivity and situations prior to the adoption of the future decree which may continue the application of the previous regime (see art 8(2) CRC).

For more information: https://associationorigines.com/2021/07/07/loi-de-bioethique-acces-aux-origines-une-belle-avancee-deja-depassee/