Section 2: Establishment of parentage by recognition

Articles in this section · 6

Article 316-2

French Civil CodeIn force

Updated 8 Nov 2023

Any act of opposition by the public prosecutor shall mention the forenames and surname of the author of the acknowledgement as well as the forenames and surname, date and place of birth of the child concerned.

In the case of a prenatal acknowledgement, the act of opposition shall mention the forenames and surname of the author of the acknowledgement as well as any indication communicated to the civil registrar relating to the identification of the unborn child.

On pain of nullity, any document objecting to the registration of an acknowledgement or to its entry in the margin of the child's birth record shall state the capacity of the person objecting and the grounds for the objection. It reproduces the legislative provisions on which the objection is based.

The act of objection is signed, on the original and on the copy, by the objector and notified to the civil registrar, who puts his visa on the original.

The civil registrar makes a summary entry of the objection in the civil register without delay. He will also make a note in the margin of the entry of the said opposition of any discharge decisions of which a copy has been given to him. The author of the acknowledgement is informed of this without delay.

In the event of opposition, the civil registrar may not, on pain of the fine provided for in Article 68, register the acknowledgement or mention it on the child's birth record, unless a copy of the release of the opposition has been given to him.

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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