Chapter I: General provisions.

Articles in this section · 14

Article L2141-10

French Public Health CodeIn force

Updated 7 Nov 2023

The implementation of medically assisted procreation is preceded by individual interviews of the requesting woman or couple with one or more doctors and other health professionals from the centre's multidisciplinary clinical-biological medical team, comprising in particular a psychiatrist, psychologist or nurse with psychiatric expertise, who may be from outside the centre. Where necessary, the team calls on a professional registered on the list mentioned in the second paragraph of article L. 411-2 of the Code de l'action sociale et des familles.

The doctors on the team mentioned in the first paragraph of this article must :

1° Verify the motivation of both members of the couple or of the unmarried woman;

2° Carry out a medical assessment of both members of the couple or of the unmarried woman;

3° Fully inform both members of the couple or the unmarried woman, in the light of current scientific knowledge, of the possibilities of success or failure of medically assisted procreation techniques, their side effects and their short and long-term risks, as well as their difficulty and the constraints they may entail;

4° In the case of medically assisted procreation with a third-party donor, inform the two members of the couple or the unmarried woman of the arrangements for access to non-identifying data and to the identity of the third-party donor by the adult resulting from the donation;

5° In the case of a couple, inform them that it is impossible to transfer the embryos kept in the event of the couple breaking up and of the provisions applicable in the event of the death of one of the members of the couple;

6° Provide the two members of the couple or the unmarried woman with a dossier-guide including in particular :

a) A reminder of the legislative and regulatory provisions relating to medically assisted procreation;

b) A description of these techniques;

c) A reminder of the legislative and regulatory provisions relating to adoption as well as the addresses of associations and organisations likely to provide further information on this subject;

d) Information on access to non-identifying data and to the identity of the third-party donor by the adult resulting from the donation as well as the list of associations and organisations likely to provide further information on this subject. The members of the couple or the unmarried woman are encouraged to anticipate and create the conditions that will enable them to inform the child, before he or she reaches the age of majority, that he or she is the product of a donation.

The consent of the couple or the unmarried woman is confirmed in writing on expiry of a period of reflection of one month from the completion of the stages mentioned in 1° to 6°.

Medically assisted procreation is subject to health safety rules.

It may not be carried out by the doctor who has also taken part in the interviews provided for in the first paragraph if the unmarried woman or the requesting couple do not meet the conditions provided for in this Title or if this doctor, after consultation within the multidisciplinary clinical-biological team, considers that the unmarried woman or the requesting couple require a further period of reflection, in the interests of the unborn child.

The couple or unmarried woman who, in order to procreate, have recourse to medical assistance requiring the intervention of a third party donor must first give their consent to a notary under the conditions laid down by the Civil Code.

The reasons for postponing or refusing medical assistance for procreation are communicated in writing to the applicants as soon as they make their request to the medical assistance centre for procreation.

The composition of the clinicobiological team referred to in the first paragraph is set by decree in the Conseil d'Etat.

Mariela Petrova

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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.

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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.

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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.

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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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