Question 7973 — family

Summary

Mr. Yves Jégo questions the Minister of Solidarity and Health on the opening of access to origins for people born through medically assisted procreation (AMP) with gamete donation. 70,000 people have been born in France thanks to this assistance since 1972, but they are not able to know their origin because of the legislation governing donation. In order to protect the donor and the recipient, the anonymity of the donation is guaranteed by law. However, this legislative provision ignores the right of everyone to access all of their personal origins, enshrined by the European Court of Human Rights. Two pending cases thus risk seeing France condemned for its legislation. Many European countries have already recognized the right of access to origins, such as Sweden, the United Kingdom and Germany. On the occasion of the states general aspects of bioethics, it is necessary to question a modification of the legislation, towards a model keeping as a principle the anonymity of the donor, while opening the right to the recipient to obtain information on his progenitor. Thus, the donor, if he consents, could leave at the disposal of the recipient a range of information concerning his health, his identity, a photograph, etc. This one, free from the amplitude of information that he agrees to leave, can answer all or part of the questions of the person born from a gamete donation, if he requests it when he reaches the age of majority. Finally, the construction of a precise legal framework would make it possible to regulate this access, in a context where “recreational” genetic tests proliferate outside of any legal framework. He therefore wishes to know what the Government's position is regarding the opening of access to the origins framed by law, on the occasion of the upcoming revision of the bioethics law.

Machine translation from French. The official text remains authoritative.

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