Enacted parts

ARTICLE 726-6
(Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 1h July 2001)
Updated 12/10/2005 - Page 129/132

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PENAL CODE
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January
2002)
- ARTICLE 511-12 is drafted as follows:
"Proceeding to artificial insemination using fresh sperm or a mixture of sperm provided by donation is punished by
two years' imprisonment and a fine of €30,000."
ARTICLE 726-7
(Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 1h July 2001)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January
2002)
- ARTICLE 511-13 is drafted as follows:
"Conditioning the benefit of a donation of gametes to the choice by the receiving couple of a person who has
voluntarily accepted to make such a donation in favour of a third-party couple is punished by two years' imprisonment
and a fine of €30,000."
ARTICLE 726-8
(Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 1h July 2001)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January
2002)
- ARTICLE 511-14 is drafted as follows:
"Collecting, handling, preserving or transferring gametes supplied by way of donation without having obtained the
necessary authorisation is punished by two years' imprisonment and a fine of €30,000."
ARTICLE 726-9
(Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 1h July 2001)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January
2002)
- ARTICLE 511-16 is drafted as follows:
"Obtaining human embryos without prior authorisation by judicial authority is punished by seven years'
imprisonment and a fine of €10,000. A judicial authority may grant such leave in exceptional circumstances on
examination of the written consent of the couple that conceived or, where one of the spouses has died, of the surviving
spouse and after having verified that the act does not fall under the provisions of article 511-24 and that the receiving
couple can guarantee the satisfactory reception of the child that will be born.
The act of obtaining a human embryo:
- where the anonymity between the couple receiving the embryo and the one renouncing it has not been respected;
- or where the couple receiving the embryo are not in a situation where medical assistance in procreation without
recourse to a third party would not succeed;
is also punished by seven years' imprisonment and a fine of €100,000