German law on surrogacy and egg donation: The legal logic of restrictions

Abstract

In this chapter, we describe the German legal prohibitions against egg donation and surrogacy. We explore how German physicians and other persons are criminally liable if they provide information about services at reproductive clinics abroad that are prohibited within Germany by the German law. The main discussion of this chapter addresses concerns pertaining to the family and private international law that arise once a baby has been born through surrogacy aborad and the intended parents travel to their home country with the child. We show how the courts increasingly accept solutions serving the wellbeing of children rather than enforcing the strict German stance against surrogacy. Finally, we take a critical look at the current legal situation recommending to change the German law and to replace absolute prohibitions with controlled and supervised procedures for egg donation and surrogacy.