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Article L 2131-4 elaborated the biological diagnosis carried out on cells taken from the in vitro embryo or the preimplantation genetic diagnosis. Such a preimplantation genetic diagnosis is a biological diagnosis carried out on cells taken from the embryo in vitro before its possible implantation. This means genetic testing of embryos generated in vitro, with the aim of identifying embryos which are normal in terms of transfer of the anomaly in question and are therefore suitable for transfer. It is used mainly in couples at high risk of transmitting a specific genetic anomaly. According to article L 2131-4 such a preimplantation genetic diagnosis is only authorized in exceptional circumstances. A physician in a multidisciplinary prenatal diagnostic center as defined by article L 2131-1 has to declare that the couple, because of its family situation, has a strong probability of giving birth to a child carrying a genetic disease of a particular gravity which is recognized incurable at the time of diagnosis. The diagnosis can only be carried out, under certain conditions, in an establishment specifically authorized for this purpose by the Agency of Biomedicine, when a seriously invalidating disease, with a late revelation and which puts the vital prognosis prematurely, the anomaly or anomalies responsible for such a disease in line, was beforehand and precisely identified in one of the parents of one of his immediate ancestors. The diagnosis can only have for purpose to seek this disorder and the means of preventing and treating it. The two members of the couple have to express their consent to the realization of the diagnosis in writing. In case of the diagnosis of an anomaly or anomalies responsible for a genetic disease of a particular gravity which is recognize incurable at the time of diagnosis, the two members of the couple, if they confirm their intention not to continue their parental project with regard to the embryo, can authorize that this becomes the subject of research. In contravention to the second paragraph of article L 1111-2 and article L 1111-7 of the Public Health Code (see 4.3.1), only the prescribing physician of the analyses of cytogenetics and biology in order to establish a prenatal diagnosis is entitled to communicate the results to the pregnant woman.
As stipulated in article L 2131-4 the diagnosis can only have for purpose to seek this disorder and the means of preventing and treating it. As opposed to this purpose, a preimplantation genetic diagnosis can also be authorized on an experimental basis when the following three conditions are met. In the first place, the couple has to given birth to a child with a genetic disease resulting in death within the first years of his or her life that was recognized incurable at the time of diagnosis. Secondly, the vital prognosis of this child can be improved in a decisive way, by the application of a therapy which does not violate the integrity of the body of the child beget by the transfer of the embryo in utero. Finally the purpose of the diagnosis is not only to seek the genetic disorder and the means of preventing and treating it, but also allowing the application of the therapy mentioned above. The two members of the couple have to express their consent to the realization of the diagnosis in writing. Such a realization is subjected to the issue of a permit by the Agency of Biomedicine, which mentions it in his public report.
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