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You are in: Home> The other legislative and regulatory texts> LAW n ° 2013-715 of August 6, 2013 tending to modify the law n ° 2011-814 of July 7, 2011
on bioethics by authorizing research on the embryo and embryonic stem cells under certain conditions
LAW n ° 2013-715 of August 6, 2013 tending to modify the law n ° 2011-814 of July 7, 2011 relating to bioethics by authorizing under
certain conditions research on the embryo and embryonic stem cells
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JORF n ° 0182 of August 7, 2013 page 13449
LAW n ° 2013-715 of August 6, 2013
text n ° 1
Initial version
Version in force on May 30, 2020
Consolidated version as of ...
LAW n ° 2013-715 of August 6, 2013 tending to modify the law n ° 2011-814 of July 7, 2011 relating to the
Day month Year
bioethics by authorizing research on the embryo and cells under certain conditions
embryonic strains
Ex: 2020
Consult NOR: ESRX1241473L
ELI: https://www.legifrance.gouv.fr/eli/loi/2013/8/6/ESRX1241473L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2013/8/6/2013-715/jo/texte
Summary
Single item
The National Assembly and the Senate adopted,
Given the decision of the Constitutional Council n ° 2013-674 DC dated August 1, 2013;
The President of the Republic promulgates the law whose content follows:
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Article L. 2151-5 of the public health code is worded as follows:
"Art. L. 2151-5.-I. - No research on the human embryo or on embryonic stem cells can be
business without authorization. A research protocol conducted on a human embryo or on stem cells
embryos from a human embryo can only be authorized if:
“1 ° The scientific relevance of the research is established;
“2 ° Research, fundamental or applied, is for medical purposes;
"3 ° In the state of scientific knowledge, this research cannot be carried out without resorting to these embryos or
embryonic stem cells;
"4 ° The project and the conditions for implementing the protocol respect the ethical principles relating to research on
the embryo and embryonic stem cells.
"II. - Research can only be carried out using embryos designed in vitro as part of medical assistance
to procreation and who are no longer the subject of a parental project. Research can only be done with consent
prior written agreement of the couple from which the embryos are derived, or of the surviving member of this couple, who are also duly informed
possibilities of reception of the embryos by another couple or of stopping their conservation. With the exception of situations
mentioned in the last paragraph of article L. 2131-4 and in the third paragraph of article L. 2141-3, consent must be
confirmed after a three-month reflection period. The consent of the two members of the couple or of the member
The couple's survivor is revocable without reason until the search has started.
"III. - Research protocols are authorized by the Biomedicine Agency after verification that the conditions
asked in I of this article are satisfied. The agency's decision, together with the advice of the guidance council, is
communicated to the ministers responsible for health and research who may, within one month and jointly,
request a re-examination of the file used as the basis for the decision:
"1 ° In case of doubt about compliance with ethical principles or the scientific relevance of an authorized protocol.
The agency carries out this new examination within thirty days. In the event of confirmation of the decision, validation of the
protocol is deemed acquired;
"2. In the interest of public health or scientific research, when the protocol has been refused. The agency proceeds
to this new examination within thirty days. In case of confirmation of the decision, the refusal of the protocol is deemed
acquired.
"In the event of violation of the legislative and regulatory prescriptions or those fixed by the authorization, the agency
suspends or withdraws the search authorization. The due diligence agency including one or more experts
having no link with the research team under the conditions laid down in article L. 1418-2.
"IV. - Embryos on which research has been carried out cannot be transferred for gestation purposes. "
This law will be enforced as state law.
Done in Paris, August 6, 2013.
Francois Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Custody of the seals,
Justice Ministry,
Christiane Taubira
The Minister of Social Affairs
and health,
Marisol Touraine
The Minister of Higher Education
and research,
Geneviève Fioraso
(1) Law No. 2013-715. - Preparatory work: Senate: Law proposal n ° 576 (2011-2012); Report by M. Gilbert
Barbier, on behalf of the Social Affairs Committee, No. 10 (2012-2013); Text of the commission n ° 11 (2012-2013);
Discussion on October 15 and December 4, 2012 and adoption on December 4, 2012 (TA n ° 42, 2012-2013). Assembly
national: Law proposal, adopted by the Senate, n ° 473; Report by Ms Dominique Orliac, on behalf of the committee
Social Affairs, No. 825; Discussion on March 28 and July 10 and 11, 2013 and adoption on July 16, 2013 (TA n ° 187). -
Constitutional Council: Decision No. 2013-674 DC of August 1, 2013 published in the Official Journal of this day.
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