Prenatal genetic examinations

(1) A prenatal genetic examination may be carried out only for medical purposes and only insofar as the examination is directed at particular genetic characteristics of the embryo or foetus that, according to the generally recognised state of the art in science and technology, would impair its health during pregnancy or after birth, or where treatment of the embryo or foetus is intended with a medicinal product whose effect is influenced by particular genetic characteristics, and the pregnant woman has been informed under section 9 and has consented under section 8(1). Where, in the course of an examination under sentence 1 or another prenatal examination, the sex of an embryo or foetus is established, this may be notified to the pregnant woman, with her consent, after the twelfth week of pregnancy has elapsed.
(2) A prenatal genetic examination directed at establishing genetic characteristics of the embryo or foetus for a disease that, according to the generally recognised state of the art in medical science and technology, does not manifest itself until after completion of the eighteenth year of life, may not be carried out.
(3) Before a prenatal genetic examination, and once the examination result is available, the pregnant woman must be given genetic counselling in accordance with section 10(2) and (3), and must additionally be informed of the right to counselling under section 2 of the Pregnancy Conflicts Act; the content of the counselling must be documented.
(4) Where the prenatal genetic examination is carried out on a pregnant woman who is not capable of understanding the nature, significance and implications of the prenatal genetic examination and of determining her will accordingly, section 14(1) numbers 2 and 3 applies. The genetic examination may be carried out only where
1. the pregnant woman's representative has previously been informed under section 9,
2. a physician satisfying the requirements under section 7(1) and (3) has given the representative genetic counselling in accordance with subsection (2), and
3. the representative has consented under section 8(1). Sections 1627 and 1821(2) to (4) of the Civil Code apply.