Chapter V: Medically assisted procreation with third-party donors

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Article 342-12

French Civil CodeIn force

Updated 8 Nov 2023

Where filiation is established under the conditions laid down in article 342-11 by joint acknowledgement, the women named therein choose the surname that will devolve on the child at the latest at the time of the declaration of birth: either the name of one of them, or their two names together in the order chosen by them, subject to a limit of one surname for each of them. In the absence of a joint declaration to the civil registrar mentioning the choice of the child's name, the child takes both their names, up to the limit of the first surname of each of them, joined in alphabetical order.


In the event of birth abroad, the child's name is chosen by the civil registrar. In the event of the birth abroad of a child of whom at least one of the parents is French, the parents who have not exercised their right to choose a name under the conditions set out in the first paragraph of this article may make such a declaration when applying for the transcription of the record, at the latest within three years of the child's birth. Where this article, article 311-21, the second paragraph of article 311-23 or article 357 have already been applied in respect of a common child, the name previously devolved or chosen applies to the other common children.


Where the parents, or one of them, bear a double surname, they may, by a joint declaration in writing, pass on only one surname to their children.


Where the last paragraph of article 342-13 is applied and the child's filiation is modified as a result, the public prosecutor shall change the child's name by application of this article.

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

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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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