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As stated above, the first subsection of article L 1131-1 of the Public Health Code stipulates that “the examination of the genetic characteristics of a person or his identification by genetic fingerprints is regulated by the provisions of chapter III of title I of the first book of the Civil Code and by the provisions of this title, without prejudice to the provision of title II of this book” (italic by authors). This reference to the Civil Code brings along an indirect reference to the principle of informed consent as it is established by article 16-10 of the Civil Code. Moreover, a mitigation of the provisions of article 16-10 of the Code Civil can be found in the second subsection of article L 1131-1 since it contains a divergence of the obligation to obtain the informed consent prior to an examination of the genetic characteristics of a person. When it is impossible to obtain the consent of that person or, when the occasion arises, to consult the confidant person , the family or, in the absence of those persons, a close relative, the examination may only be undertaken for medical purposes in the interest of the examined person. The information that has to be provided prior to the consent has to be made available to the confidant person, the family or a close relative (article R 1131-4).
When the person concerned is a minor or a major under tutelage, not only a specific regulation regarding the prescription of an examination of the genetic characteristics exists, but also one regarding the informed consent. As stipulated above (see 4.1), the examination may only be prescribed when he/she or his/her family can personally benefit from preventive measures or immediate treatment (article R 1131-5). If that is the case, the consent has to be given by the holders of the parental authority or by the legal representative. Moreover, the consent of the minor or major under tutelage is systematically requested if he is capable to express his will and if he is capable to take part in the decision (article R 1131-4, 3rd subsection).
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