Section IV: Consent to medically assisted procreation

Articles in this section · 2

Article 1157-3

French Code of civil procedureIn force

Updated 7 Nov 2023

Before obtaining consent, the notary shall inform the members of the couple or the unmarried woman who are about to express it:

the impossibility of establishing a parent-child relationship between the child resulting from procreation and the donor, or of taking action for liability against the donor;

the prohibition on bringing an action for the purpose of establishing or contesting parent-child relationship in the name of the child, unless it is maintained that the child is not the result of medically assisted procreation or that consent has been deprived of effect;

-in cases where consent has been deprived of effect;

-in the possibility of having the paternity outside marriage declared judicially of a person who, after having consented to medically assisted procreation, does not recognise the child resulting from it, and of bringing an action for liability against him on this ground...;

-for female couples, the fact that a woman who obstructs the delivery of the joint acknowledgement referred to in Article 342-11 of the Civil Code to the civil registrar incurs liability, and the possibility of having this acknowledgement entered on the child's birth certificate on the instructions of the public prosecutor at the request of the child of full age, his or her legal representative if he or she is a minor or any person with an interest in taking legal action;

-the possibility for the child, if he or she so wishes, to access the non-identifying data and the identity of the third-party donor when he or she comes of age.

The act provided for in article 1157-2 mentions that this information has been given.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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