Section 2: Establishment of parentage by recognition

Articles in this section · 6

Article 316-1

French Civil CodeIn force

Updated 8 Nov 2023

Where there are serious indications, based where applicable on the civil registrar's hearing of the person who acknowledged the child, that the acknowledgement is fraudulent, the civil registrar shall immediately refer the matter to the public prosecutor and inform the person who acknowledged the child.

The public prosecutor must decide, within fifteen days of the matter being referred to him or her, either to allow the civil registrar to register the acknowledgement or to mention it in the margin of the birth record, or that it be suspended pending the results of the investigation he or she is conducting, or to oppose it.

The duration of the suspension thus decided may not exceed one month, renewable once by specially reasoned decision. However, when the investigation is conducted, in whole or in part, abroad by the diplomatic or consular authority, the duration of the stay is extended to two months, renewable once by specially reasoned decision. In all cases, the civil registrar and the person who made the acknowledgement are notified of the decision to suspend and its renewal.

On expiry of the suspension, the public prosecutor informs the civil registrar and the interested parties, in a reasoned decision, whether he or she will allow the acknowledgement to be registered or mentioned in the margin of the child's birth certificate.

The author of the acknowledgement, even if he or she is a minor, may contest the decision to suspend or renew it before the judicial court, which will rule within ten days of the case being referred to it. In the event of an appeal, the court will rule within the same timeframe.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

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

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More