Surrogacy should be allowed

Surrogacy: prohibited in Germany. Where is it allowed?

Couples who do not have children of their own naturally can become parents of their biological children through surrogacy. Until "marriage for all" was allowed, it mainly affected homosexual couples. But some singles who want to have children and couples who have no prospect of an adoptive child also wonder whether a surrogate mother abroad might not be an option for them. Which countries allow what: an overview.

In Germany, surrogacy is prohibited for ethical, moral and moral reasons. The Embryo Protection Act prohibits medical services in the context of surrogacy. In the event of a violation of the Embryo Protection Act, surrogate mothers or intended parents are not punished, but the doctor who misuses reproductive techniques prohibited in Germany or misuses human embryos can be punished. He can be punished with a prison sentence of up to three years.
The ban in Germany means that some German couples realize their desire to have children with a surrogate mother abroad. There are no official figures. Which is not surprising, because the legal situation is difficult.

Stateless babies

According to German law, a contract on surrogacy does not constitute legally effective parenthood, because the law provides that the woman who has carried a child and given birth is also the legal mother of the child. German couples who have their child carried to term by a surrogate mother abroad can have problems entering Germany with the baby. Even if the couples are the genetic parents of the child, they are not the legal parents under German law. Your citizenship is not transferred to the child. A foreign judgment on the legal parenthood of the intended parents requires recognition by the German authorities. Our legal system is facing a conflict here: In order to effectively enforce the ban on surrogacy in Germany, the state would have to refuse the German intended parents the recognition of legal parenting. On the other hand, the protection of the best interests of the child, i.e. the protection of the factual and social family unit of the child and the intended parents, mostly speaks in favor of the recognition of legal parenthood established abroad.
In 2014, the Federal Court of Justice ruled on a foreign surrogacy case that court rulings from abroad that assign German intended parents to parenthood can be recognized if at least one parent is genetically related to the child, but the surrogate mother is not.

Commercial surrogacy

Surrogacy, in which the surrogate mother receives financial compensation for carrying the child to term, is called commercial surrogacy. For example, this form of surrogacy is legal in the following countries:

  • Georgia
  • India (A bill banning commercial surrogacy was introduced in 2016. If the government approves the law, surrogacy will also be banned for non-Indian intended parents and for Indian homosexual couples or singles.)
  • Mexico (only allowed for heterosexual couples with Mexican citizenship)
  • Russia
  • South Africa
  • Ukraine
  • USA (not in all states. In the states of Arkansas, California and Illinois, surrogacy is regulated by law. The law here is very much in favor of the intended parents.)

Altruistic surrogacy

In so-called altruistic surrogacy, the surrogate mother receives no money. For example, this form of surrogacy is legal in the following countries:

  • Australia (The surrogate mother must be at least 25 years old and have already been pregnant. The intended parents must prove that they are sterile or that the mother is unable to carry a baby for medical reasons.)
  • Denmark (no special law for altruistic surrogacy: contracts are not enforceable. Adoption is necessary to obtain legal parenthood.)
  • Canada (not in Quebec)
  • Greece (difficult conditions for foreign intended parents: the intended parents must be resident in Greece.)
  • Ireland (no specific law for altruistic surrogacy: contracts are not enforceable and adoption is required to transfer legal parenting. There are cases where courts have allowed genetic parents to be named on birth certificates.)
  • Israel (only for heterosexual couples. The intended parents must prove that they are sterile themselves or that the mother is unable to carry a baby for medical reasons.)
  • Latvia (no special law for altruistic surrogacy.)
  • Netherlands (very difficult conditions, because advertising for surrogate motherhood and the search for surrogate mothers is prohibited. In addition, the child must be adopted in order to obtain legal parenthood.)
  • United Kingdom (no specific law for altruistic surrogacy: contracts are not enforceable and legal parenting is only transferred under certain conditions.)

Traditional and gestational surrogacy

  • In traditional surrogacy, the surrogate mother's egg is used. So the surrogate mother is also the genetic mother of the child. Pregnancy comes about either through insemination with the sperm cells of the desired father, through donated sperm cells or through sexual intercourse with the desired father or another man.
  • The gestational approach does not use the surrogate mother's egg. The egg comes from the mother of choice or from a third egg donor.

For both types of surrogacy, the legal situation in some countries varies.

These celebrities realized their family happiness with a surrogate mother

Commercial surrogacy is a legal business in some states in the United States. Agencies refer surrogate mothers to intended parents and clarify formalities.
Check out our gallery Made in America Which celebrity parents had their children with the help of a surrogate mother.