Section 2: Establishment of parentage by recognition

Articles in this section · 6

Article 316

French Civil CodeIn force

Updated 8 Nov 2023

Where filiation is not established under the conditions laid down in Section I of this Chapter, it may be established by an acknowledgement of paternity or maternity, made before or after birth.

Acknowledgement establishes filiation only in respect of its author.

It is made in the birth certificate, by deed received by the civil registrar or by any other authenticated deed.

The record of recognition is drawn up on a declaration by its author, who proves:

1° His or her identity by an official document issued by a public authority containing his or her surname, first name, date and place of birth, photograph and signature as well as the identification of the authority that issued the document, the date and place of issue;

2° His or her domicile or residence by producing a supporting document dated less than three months. Where it is not possible to provide proof of domicile or residence and where the law has not set a commune as the place of residence, the author shall provide a certificate of election of domicile under the conditions set out in the article L. 264-2 du code de l'action sociale et des familles.

The deed includes the statements provided for in article 62 and a statement that the person making the acknowledgement has been informed of the divisible nature of the parent-child relationship thus established.

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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