Question 26163 — overseas

Summary

Mr. Philippe Dunoyer questions the Minister of Solidarity and Health on the legal framework for the application of the bioethics law in New Caledonia. To this end, he recalls that article 31 of bill 2187 relating to bioethics empowers the Government to “take, by means of ordinances, measures aimed at extending and adapting the provisions of this bill to Saint-Pierre-et-Miquelon, Mayotte, Wallis-et-Futuna, New Caledonia and French Polynesia; to take any measure falling within the domain of the law in order to modify, as necessary, the codes and non-codified laws to bring them into consistency with the provisions of this law and the orders taken for its application.” It notes, however, that under III of articles 21 and 26 of organic law 99-209 of March 19, 1999, jurisdiction in matters of civil law was transferred to New Caledonia. It further specifies that under 4° of article 22 of the same organic law, New Caledonia is competent in matters of “social protection, public hygiene and health”. He therefore questions him about the list of provisions of the bill which, falling within the field of competence of the State, will be applicable to New Caledonia. He thanks her for being particularly willing to justify what legal basis the provisions of article 1 of the bill relating to the opening of recourse to medically assisted procreation for female couples and single women, are or are not included in this list.

Machine translation from French. The official text remains authoritative.

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