France - Assisted Dying (Aide à Mourir) Law

Right to Assistance in Dying Law (Fr. proposition de loi relative au droit à l’aide à mourir) is a French law that permits adults suffering from an incurable serious illness to access a lethal substance under specific conditions to end their lives. The law was definitively adopted on 15 July 2026 by the National Assembly (Assemblée nationale), with 291 votes in favor and 241 against. ^【1】 Under Article 45 paragraph 4 of the French Constitution, final decision-making authority rests with the National Assembly due to the inability to reach agreement between the two chambers.^【2】 As of July 2026, the law has not yet entered into force: the text was immediately referred to the Constitutional Council (Conseil constitutionnel) for constitutional review, and its decision is expected to be announced in mid-August 2026.^【3】

The French legal text does not use the term “euthanasia” (euthanasie); instead, it adopts the umbrella term assistance in dying (aide à mourir). This term generally covers cases where the lethal substance is self-administered by the person (suicide); however, it makes an exception allowing a physician or nurse to administer the substance when the person is physically unable to do so.

President Emmanuel Macron pledged during his 2022 re-election campaign to enact legislation in this direction, and the citizens’ convention he launched the same year expressed support for “active assistance in dying” (aide active à mourir) in 2023.^【4】 The government’s initial bill introduced in 2024 was suspended due to the dissolution of the Assembly in June 2024; the process was revived with two separate proposals submitted by Member of Parliament Olivier Falorni on 11 March 2025: one on palliative and supportive care and another on end-of-life matters.^【5】 The law on palliative and supportive care completed its legislative process early and entered into force in May 2026; the law on assistance in dying followed a separate and more contentious path.

The Senate, which has a conservative majority, rejected the assistance in dying text three times. The Senate’s Social Affairs Committee proposed narrowing the scope of the bill to serve as an extension of the Claeys-Léonetti Law, advocating only for a regulated form of assistance médicale à mourir for patients facing imminent life-threatening conditions. The National Assembly, during its second reading, retained the access conditions but removed the requirement of “constant pain,” recognizing intermittent but unbearable pain as sufficient.

After the joint committee failed to reach consensus, the text moved to new readings and a final vote. After a two-year process involving three exchanges between the chambers and over 9,000 proposed amendments, the National Assembly definitively adopted the text on 15 July 2026.^【6】 Assembly President Yaël Braun-Pivet noted that this was the longest legislative debate since the 1980s.^【7】

Article 2 of the final text defines the right to assistance in dying as the authorization for a person who has expressed a request to access a lethal substance and to be accompanied during the process. The person is expected to self-administer the substance; if physically unable to do so, a physician or nurse may administer it. Those participating in the process within the legal framework are exempt from criminal liability.^【8】

Article 4 of the law requires five conditions to be met simultaneously for access to assistance in dying: the person must be at least eighteen years old; be a French citizen or reside regularly and stably in France; suffer from an advanced-stage or terminal illness that is serious and incurable — defined as a condition where the deterioration of health is irreversible and significantly impairs quality of life; experience unbearable pain caused by the illness that is resistant to treatment or results from the person’s refusal or discontinuation of treatment; and be able to freely and consciously express their will. The text explicitly states that psychological suffering alone, under no circumstances, qualifies for assistance in dying. Individuals with severe psychiatric disorders or neurodegenerative diseases such as Alzheimer’s are excluded from the scope.^【9】

The request must be submitted directly to an active physician with no familial or marital relationship to the person; teleconsultation is neither permitted nor acceptable for confirmation. The physician is obligated to inform the patient about their health condition, palliative care options, and psychological support possibilities. Compliance with the conditions is assessed through a committee procedure that includes at least one physician specialized in the patient’s illness and another physician who has not been involved in the patient’s treatment, along with a healthcare assistant. The decision must be made solely by the attending physician and communicated in writing with justification within fifteen days of the formal request. After a positive decision, the patient may confirm their wish to proceed with the lethal substance after a minimum two-day reflection period.^【10】

The lethal substance is prepared by hospital pharmacies. Administration may take place at the person’s home, a healthcare facility, or a care institution, and the person may be accompanied by individuals of their choice. On the day of administration, the physician or nurse must confirm the person’s continued intent and detect any potential pressure from their surroundings; if such pressure is identified, the situation must be immediately reported to the public prosecutor.

Only the person making the request may challenge the physician’s decision administratively. For adults under legal protection (majeurs protégés), the person responsible for their protection is granted the right to object to a positive decision within two days.^【11】

Article 14 of the law provides for a conscientious objection clause (clause de conscience) for healthcare workers unwilling to participate in the process. No healthcare worker may be compelled to participate; however, those who object must promptly notify their employer and provide the names of colleagues willing to participate. In return, healthcare institutions and care facilities are obliged to permit the involvement of willing staff members.^【12】

Oversight is conducted by a commission established under the Ministry of Health, following completion of each procedure (a posteriori). The commission includes at least two physicians, one member of the Council of State, one member of the Court of Cassation, two representatives from patient associations, and two experts from the social sciences. In cases of suspected violations, the commission may refer the matter to the relevant professional body or the public prosecutor. Provisions from earlier stages of the legislative process that criminalized obstructing assistance in dying or pressuring individuals were omitted from the final text. Costs of the procedure are fully covered by the social security system without any contribution from the patient.

Prime Minister Sébastien Lecornu announced, following consultations with President Emmanuel Macron, that he would refer the final text to the Constitutional Council (Conseil constitutionnel) one day before the final vote. Senate President Gérard Larcher also announced a separate referral. Lecornu stated that the Senate’s deliberations failed to adequately address both the expectations of supporters and the concerns of critics. The Constitutional Council has up to one month to issue its ruling, with a decision expected around 15 August 2026.

The constitutional objections raised in the referrals fall into three main categories: the adequacy of the reflection and withdrawal period granted to patients, the manner in which consent from legally protected adults (majeurs protégés) is assessed, and the obligation imposed on all healthcare institutions to permit assistance in dying despite institutional objections. Throughout the legislative process, various proposals for the reflection period — ranging from two days to fifteen days and longer — were debated.

The Constitutional Council, whose rulings are binding, may fully invalidate the law, approve specific provisions with a constitutional interpretation, or require amendments to certain provisions. If the law is found constitutional, it will enter into force upon publication by the President, followed by the issuance of implementing decrees to regulate its application. Therefore, while the law could theoretically enter into force as early as September 2026, practical implementation is expected to begin later due to the time required to draft the necessary decrees.

Following the law’s adoption, President Emmanuel Macron stated that he had fulfilled his 2022 commitment “with seriousness, humility, and full respect for democracy.” The bill’s sponsor, Olivier Falorni, described the vote as “a great day for the French people” and characterized the two-year legislative process as “a marathon with obstacles.”

Supporters of the law argue that it grants individuals a new right and strengthens personal autonomy. Association for the Right to Die with Dignity (Association pour le droit de mourir dans la dignité, ADMD) President Jonathan Denis emphasized that the new regulation does not compel anyone to seek assistance in dying but ensures that individuals remain at the center of medical decisions regarding the end of life. Denis also stated that the association will continue its efforts to recognize the right to freely choose between physician-assisted suicide and euthanasia. France Assos Santé welcomed the law as a significant advancement but stressed that the decisive phase lies in how it will be implemented.

Opponents argue that the law fails to adequately protect vulnerable individuals. National Ethics Advisory Committee (CCNE) Honorary President Didier Sicard contended that the law provides insufficient safeguards, particularly for fragile patients. Conference of Bishops of France President Jean-Marc Aveline and other Catholic Church representatives viewed the regulation as a major rupture in France’s ethical and legal history. The organization Alliance Vita argued that priority should be given to strengthening palliative care services and that presenting death as a solution is incompatible with human dignity.

The law has also sparked political debate. Senate President Gérard Larcher and former Interior Minister Bruno Retailleau openly opposed the measure, while the far-right National Rally (Rassemblement national) leadership expressed opposition but allowed its members a free vote.

The scope and oversight mechanisms of the law have also been debated in legal circles. The Senate Social Affairs Committee noted that key criteria such as “advanced stage” and “incurability” are inadequately defined, that the application procedure is shorter than similar regulations in other countries, and that post hoc oversight alone may not provide sufficient safeguards. The report suggested that France could end up with one of the most permissive legal frameworks in the world for end-of-life practices. Conversely, some international assessments have characterized the French regulation as more restrictive compared to systems in place in Belgium, the Netherlands, and Canada.

As of July 2026, the law on the right to assistance in dying has been definitively adopted by Parliament but has not yet entered into force. For the law to become effective, the Constitutional Council (Conseil constitutionnel) must complete its constitutional review, the text must then be approved and published by the President, and implementing decrees must be issued to regulate its application.