France enshrines right to assisted dying as court clears law

France has formally enshrined a right to assisted dying in law. Loi n° 2026-794 du 18 août 2026 relative au droit à l’aide à mourir, signed on 18 August 2026 and published in the Journal officiel de la République française n° 0192 of 19 August 2026, inserts a new “Droit à l’aide à mourir” section into the Public Health Code, and the Conseil constitutionnel validated the text in its decision 2026-910 DC of 14 August 2026.

The law, which follows a parliamentary initiative, was referred to the Constitutional Council by the President of the Senate, the Prime Minister, and several groups of senators and deputies. In its ruling, the Council declared the contested provisions conform to the Constitution, subject to a series of interpretative reservations, and rejected two requests to recuse two of its members.

A new right in the Public Health Code

The law defines the right to assisted dying as the right of a person who has requested it to be authorized to use a lethal substance, administered by themselves or, when physically unable, by a doctor or nurse. Under article L. 1111-12-1 of the Public Health Code, those who take part in the procedure are not criminally liable within the meaning of article 122-4 of the Penal Code.

Access is strictly conditioned. The applicant must:

• be at least 18 years old;
• be of French nationality or reside stably and regularly in France;
• suffer from a serious and incurable condition engaging the vital prognosis, in an advanced or terminal phase;
• present suffering that is refractory to treatment or unbearable, with psychological suffering alone never sufficient;
• be able to express a free and informed will.

A framed procedure and a conscience clause

The request is made to a doctor who is not a relative or partner, and cannot be made by teleconsultation. A collegial procedure verifies the conditions, the doctor notifies a reasoned decision within fifteen days, and a reflection period of at least two days precedes confirmation. The lethal substance is prescribed and delivered through designated hospital pharmacies, and the person may be accompanied by those of their choice.

The law also introduces a conscience clause: health professionals are not obliged to take part in the procedure, and establishments must allow the intervention of willing professionals. A control and evaluation commission, placed under the health minister, monitors each procedure and reports annually to the Government and Parliament.

Coverage, insurance and the court’s ruling

The procedure is covered by health insurance without co-payment or deductible, and fees for the professionals involved cannot exceed the regulated tariffs. Life-insurance contracts in force are extended to cover death resulting from assisted dying.

In its decision 2026-910 DC, the Constitutional Council upheld the law under reservations, notably on the collegial procedure and the conscience clause. It also rejected, in decisions 2026-910-1 DR DC and 2026-910-2 DR DC, recusal requests brought by senators Dominique de Legge, Loïc Hervé and Étienne Blanc against members Laurence Vichnievsky and Jacques Mézard, holding that prior parliamentary activity or public opinion on the reform did not create a justified doubt on impartiality.

The law marks a major shift in French end-of-life policy, giving patients a new legal avenue while shielding caregivers from prosecution. Its implementation will now depend on implementing decrees, including the entry into force of the register consultation by 31 December 2028.

Source: Journal officiel de la République française, n° 0192 of 19 August 2026, section I (official reference: Loi n° 2026-794 du 18 août 2026, NOR SFHX2515569L; Conseil constitutionnel, décision n° 2026-910 DC du 14 août 2026).