Question 19007 — bioethics

Summary

Mr. Olivier Gaillard draws the attention of the Minister of Solidarity and Health to the conditions of egg donation in France. Today, egg donation, like all donations of elements of the human body, is regulated by bioethics law. Any woman aged 18 to 37, whether or not she has had children, can donate her eggs (or oocytes) to couples who cannot have children, following three main principles. The donation must be voluntary: the donor signs a consent form after being fully informed; free: no remuneration is paid in return for the donation; anonymous: no affiliation can be established between the child(ren) resulting from the donation and the donor. Among the conditions to be met for a woman wishing to become an egg donor and who is in a relationship, is added the legal obligation to obtain the written consent of her spouse. This rule of spousal authorization for the donation of gametes, which does not exist in the context of other donations (organs, bone marrow, blood, etc.) and dates from the first bioethical laws of 1994, can be considered as an obstacle to the principle of freely disposing of one's body. The possibility of being able to donate gametes without needing the consent of the spouse was also one of the subjects proposed for discussion and put forward as part of the States General of Bioethics, which were held throughout the country in 2018. While the Government must present this year the revision of the bioethics law, it would like to know its opinion on the possibility of removing the obligation to obtain the written consent of the spouse in the context of egg donation.

Machine translation from French. The official text remains authoritative.

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