Section 4a: Fate of stored embryos

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Article R2141-23-2

French Public Health CodeIn force

Updated 4 Nov 2023

In the event of the death of one of the members of the couple at the origin of the conception of the embryo, and in the event that the couple had, in application of III of article L. 2141-4, expressed their consent during an annual consultation to one of the options for the future of the embryos provided for in 1° or 2° of II of the same article, the multidisciplinary clinical-biological medical team of the centre for medically assisted procreation proposes an interview to the surviving member.

This interview may not take place before the expiry of a period of one year from the date of death, unless the surviving member requests it from the medically assisted procreation centre.

During this interview, the team mentioned in the first paragraph will ask the surviving member whether he/she maintains the consent given during the spouse's lifetime in application of III of article L. 2141-4.

If he/she maintains this consent, the embryos kept by another couple or by an unmarried woman, or the donation of these embryos to research may take place. The surviving member is informed that if this consent is revoked, the embryos will no longer be stored.

If there is no response to the request referred to in the first paragraph, the embryo storage will be terminated.

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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