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Chapter V: Medically assisted procreation with third-party donors

Article 342-9 of the French Civil Code

In the event of medically assisted procreation requiring the intervention of a third-party donor, no filiation link may be established between the donor and the child resulting from the medically assisted procreation. No liability action may be brought against the donor.

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Article 342-10 of the French Civil Code

Couples or unmarried women who, in order to procreate, have recourse to medical assistance requiring the intervention of a third-party donor must give their consent beforehand to a notary, who will inform them of the consequences of their act with regard to filiation as well as the conditions under which the child will be able, if he or she so wishes, to access the non-identifying data and the identity of…

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Article 342-11 of the French Civil Code

When the consent provided for in article 342-10 is obtained, the female couple shall jointly acknowledge the child. Filiation is established, with regard to the woman giving birth, in accordance with article 311-25. It is established, with regard to the other woman, by the joint acknowledgement provided for in the first paragraph of this article. This is given by one of the two women or, where applicable, by the person…

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Article 342-12 of the French Civil Code

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…

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Article 342-13 of the French Civil Code

Any person who, having consented to medically assisted procreation, does not recognise the resulting child is liable to both the mother and the child. In addition, his paternity is judicially declared. The action is governed by the provisions of articles 328 and 331. A woman who, after consenting to medically assisted procreation, obstructs the delivery to the civil registrar of the joint acknowledgement referred to in Article 342-10 incurs liability….

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