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Bioethics Law and Access to Medically Assisted Procreation: Impact on Gamete Donations and Origins

In the in vitro fertilization laboratory of the medical genetics department of the Nantes University Hospital, January 10, 2023. THOMAS LOUAPRE / DIVERGENCE

Just two years ago, the bioethics law opened access to medically assisted procreation (PMA) for all. Since then, requests from unmarried women and female couples have skyrocketed. Proof that the law enacted on August 2, 2021 “corresponded to a real expectation of women”, recalled Agnès Firmin Le Bodo, Minister Delegate in charge of Territorial Organization and Health Professions, during a trip to the Center for the study and conservation of eggs and human sperm at the University Hospital of Amiens, Wednesday August 2.

But the bioethics law has also conferred new rights on children from LDCs, in particular access to origins. Since September 1, 2022, donors of gametes (spermatozoa and oocytes) must consent to children resulting from a donation being able, at the age of majority, to request access to their identity as well as to non-identifying data concerning them. (age, professional situation, reasons for the donation, etc.) through a commission, the Commission for access of persons born from medically assisted procreation to data from third-party donors (Capadd). But the date of the final switch to access to origins was not yet known. On Wednesday, the Minister Delegate announced the deadline of March 31, 2025. From this date, only gametes from a donation after September 1, 2022 can be used.

Currently, two stocks of gametes coexist: the first, formed when the lifting of anonymity was not compulsory, contained, at the end of March 2023 according to the Biomedicine Agency, 89,000 straws (the packaging of sperm samples). The new one, made up between September 1, 2022 and the end of March 2023, 27,000 flakes. However, in order to limit the destruction of anonymous gametes, donation centers continue to allocate these so-called straws from former donors to people treated as part of medically assisted procreation (AMP). And to avoid their destruction by April 2025, Mrs. Firmin Le Bodo announced the launch of a « task force » aimed at organizing the “transfer of spangles from the best-endowed centers to those with fewer stocks”.

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For Mikaël Agopiantz, coordinator of the assisted reproduction center at the CHRU in Nancy, the horizon of 2025 is good news. “It’s a date neither too close nor too distant that will allow the centers to adapt and sell the stockssays the gynecologist. It would be inadmissible to destroy sequins. »

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