Passage of the ordinance extending and adapting to the Wallis and Futuna Islands, New Caledonia and French Polynesia the provisions of the law of August 2, 2021 on bioethics during the Council of Ministers of February 1, 2023

The Minister Delegate in charge of Territorial Organization and Health Professionals presented to the Council of Ministers on 1^is February 2023 an ordinance issued pursuant to article 40 of the law of August 2, 2021 on bioethics, which has led to numerous advances in medically assisted procreation: its extension to new audiences (couples of women and unmarried women), the opening of a right of access to origins or even the possibility of self-preserving one’s gametes without medical reason.

The law of August 2, 2021 also includes other provisions relating in particular to access to the transplant, research on embryos, and the reception and use of bodies that have been donated for medical purposes. medical education and research.

The ordinance presented extends and adapts to the Wallis and Futuna Islands, New Caledonia and French Polynesia:

• the provisions of the bioethics law aforementioned;
• but also the provisions of two ordinances having themselves adapted, in 2022, national law following the entry into force of two European regulations adopted in 2017 in the field of medical devices and in vitro diagnostic medical devices.

This order extends and adapts these provisions in the territories of the Wallis-and-Futuna islands and, insofar as they concern the competences of the State, in French Polynesia and New Caledonia.

In New Caledonia and French Polynesia, the extended provisions (relating to medically assisted procreation, research, prenatal diagnosis or the donation and use of elements and products of the human body) are less numerous than for the islands of Wallis and Futuna, respecting the sharing of powers between the State and these communities, and are also adapted to take into account the specificities of these territories, in particular those related to the organization of care.

The extended provisions for the Wallis and Futuna Islands are more numerous and additionally include provisions relating to health professions.

The Government has thus chosen to broadly extend the provisions of these three texts, so that all Overseas Territories benefit from the progress they bring regarding.while respecting the respective competences of the State and these communities and taking into account the role of the communities concerned and the specificities linked to the organization of care in the latter.

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