Genetic examinations of persons not capable of consent

(1) A genetic examination for medical purposes, and the obtaining of the genetic sample required for it, may be carried out on a person who is not capable of understanding the nature, significance and implications of the genetic examination and of determining their will accordingly, only where 1. the examination is necessary, according to the generally recognised state of the art in science and technology, to avoid, treat or prevent a genetically caused disease or health disorder in that person, or where treatment is intended with a medicinal product whose effect is influenced by genetic characteristics, 2. the examination has previously been made understandable to the person, so far as possible, in a manner appropriate to them, and they do not refuse the examination or the obtaining of the genetic sample required for it, 3. the examination is associated, for the person, with as few risks and burdens as possible, and 4. the person's representative has been informed under section 9, the provisions on genetic counselling under section 10 have been complied with in respect of the representative, and the representative has consented under section 8(1).
(2) By way of derogation from subsection (1), a genetic examination may also be carried out on a person referred to in subsection (1) where 1. it cannot otherwise be clarified, according to the generally recognised state of the art in science and technology, in respect of a planned pregnancy of a genetically related person, whether a particular genetically caused disease or health disorder may occur in a future descendant of the genetically related person, 2. the conditions under subsection (1) numbers 2 and 4 are met, 3. the person is not expected to suffer more than a minor impairment to health, and not beyond the risks ordinarily associated with obtaining the genetic sample required for it, and 4. the person is not expected to be burdened, either physically or psychologically, by the examination result.
(3) Only the examinations of the genetic sample necessary for the respective purpose of the examination may be carried out. No other findings may be made. Sections 1627 and 1821(2) to (4) of the Civil Code apply.