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Surrogacy law in Germany

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My partner and I are looking at the possibility of surrogacy overseas and we'd like to find out more about the legal side of that here in Germany. I know there has been some movement in the courts recently but we need proper advice before moving any further. 

 

We are a heterosexual couple in our 30's and both resident in Berlin for the last 6+ years. We are only considering the surrogacy route because of some major health problems a pregnancy could cause my partner and a child. 

 

I've contacted some lawyers in but many don't seem to have the experience to offer us advice in this matter. So if anyone has a good recommendation for lawyers or direct experience of the process that would be really appreciated.

 

Thanks in advance

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It's verboten in Germany. Whoever does this, does this not so legally.

 

I would not rely on any advice on public forum.

 

You need to get a proper advice from your doctor. AFAIK the Krankenkasse pays for Kinderwunsch treatment at least once. Talk to doctors, Krankenkasse, there are a lot of Kinderwunsch centres in Germany. Maybe you do not need surrogacy at all.

 

 

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Surrogacy is indeed illegal here in Germany. I have a colleague who has just gone through the process in the States. Costs were over 100,000 Euro, but they were willing to pay it. There was a bit of an issue when Donald Trump stopped all flights to the States, but they got there in time for the birth. There was a lot of paperwork to be done afterwards, they got through it and are now back here in Germany.

 

I don’t know if any of you have seen this on the news recently.  It seems the Ukraine is the biggest market for surrogacy.  Unfortunately, due to Covid-19, babies are being born, but the parents can’t travel to the Ukraine to collect them.  Staff there have had to rent hotel rooms to keep the babies until travel restrictions are relaxed – you can read about it here: https://www.nytimes.com/2020/05/16/world/europe/ukraine-coronavirus-surrogate-babies.html

 

I know this is of no help to you, but it is some extra information that you might want to think about. You will definitely need a lawyer who is up to date with all the information.

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I have absolutely no knowledge on this subject but it does seem to me that adoption ought to be a much better option.

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I just read am article in Stern about a Swiss couple. They went to the US because court decisions there on entering the biological parents not the birth mother makes is easier to bring the child to Germany. It cost them 250k. It's paid content but if you want, i can scan the article for you (in German) 

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13 hours ago, yourkeau said:

 AFAIK the Krankenkasse pays for Kinderwunsch treatment at least once. 

Only if you’re married and under the age of 40 though.

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This is a very personal subject. I agree with the adoption option. You are in an ideal position to give an unwanted or orphaned baby a good life.

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Thanks for all of your responses and input. To address a couple of points:

 

Quote

Talk to doctors, Krankenkasse, there are a lot of Kinderwunsch centres in Germany. Maybe you do not need surrogacy at all.

 

If I understand it Kinderwunsch treatment is what we'd call IVF treatment in the UK? Our issue is a health risk rather than a fertility one so we can't take that route.

 

Quote

I have absolutely no knowledge on this subject but it does seem to me that adoption ought to be a much better option.

 

I would not be against adoption but I've also read that the waiting times are multiple years here in Germany, what with the extremely low birth rate. I'll continue to look into it as an option though.

 

We wouldn't consider surrogacy if there was a viable alternative. The cost would be a massive hit for us but it seems like the only potential option as things stand. I'll continue to look for a good lawyer here to advise us. People dealing with this topic seem few and far between. 

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Yup, the adoption of babies is not easy in many countries - there are any number of children waiting for adoption, often in heart rending circumstances, but not so much babies. Adopting them from elsewhere is more viable, but then you hear of horrible stories of how some of those babies are sourced, and frankly, how would you ever know? Not an easy situation and I hope you find a way of becoming parents.

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54 minutes ago, thepgb said:

We wouldn't consider surrogacy if there was a viable alternative. The cost would be a massive hit for us but it seems like the only potential option as things stand. I'll continue to look for a good lawyer here to advise us. People dealing with this topic seem few and far between. 

 

Are you familiar with this event?:

 

 https://www.kinderwunsch-tage.de/

 

You might want to look into your options in your home countries. I'm also not sure whether you'd be able to adopt a German child, but you should check out the official website:

 

https://www.berlin.de/familie/de/informationen/adoption-ein-kind-adoptieren-229#:~:text=Voraussetzungen%20f%C3%BCr%20eine%20Adoption,auf%20ein%20Adoptionskind%20als%20Alleinstehende.

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