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Article L2151-5

French Public Health CodeIn force

Updated 7 Nov 2023

I.-No research on the human embryo may be undertaken without authorisation. A research protocol conducted on a human embryo may only be authorised if :

1° The scientific relevance of the research is established;

2° The research, whether fundamental or applied, has a medical purpose or aims to improve knowledge of human biology;

3° Given the current state of scientific knowledge, this research cannot be carried out without using human embryos;

4° The project and the conditions for implementing the protocol respect the fundamental principles set out in Articles 16 to 16-8 of the Civil Code, the ethical principles set out in this Title and those set out in Title I of Book II of Part One of this Code.

II.Research may only be carried out on embryos conceived in vitro as part of medically assisted procreation which are no longer the subject of a parental project and which are proposed for research by the couple, the surviving member of the couple or the woman from whom they were conceived in application of 2° of II of Article L. 2141-4, the last paragraph of Article L. 2131-4 or the penultimate paragraph of Article L. 2141-3.

III.-Research protocols are authorised by the Agence de la biomédecine after it has verified that the conditions set out in I and II of this article have been met. The Agency's decision, together with the opinion of its Steering Committee, is communicated to the Ministers for Health and Research, who may jointly, within a period of one month, request a re-examination of the file on which the decision was based:

1° If there is any doubt about compliance with the principles mentioned in 4° of I or about the scientific relevance of an authorised protocol. The Agency will carry out this re-examination within a period of thirty days, during which the authorisation will be suspended. If the decision is confirmed, the protocol is deemed to have been validated;

2° In the interests of public health or scientific research, when the protocol has been refused. The Agency will carry out this re-examination within thirty days. If the decision is confirmed, the protocol is deemed to have been refused.

In the event of a breach of the legislative and regulatory requirements or those laid down in the authorisation, the Agency will suspend or withdraw authorisation for the research. The Agency will carry out inspections, including one or more experts with no links to the research team, under the conditions set out in Article L. 1418-2.

IV.- Embryos on which research has been carried out in application of this article may not be transferred for the purpose of gestation. Their in vitro development shall be terminated no later than the fourteenth day following their creation.

V.-Research may focus on the causes of infertility.

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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