Surrogacy in Germany poses several legal hurdles and limitations for couples exploring alternative methods to begin a family. This article examines the existing legal landscape in Germany and the challenges encountered by German couples in the context of surrogacy.
Furthermore, it explores the advantages and guidelines governing surrogacy in Georgia, presenting a feasible alternative for individuals seeking a more attainable and cost-effective approach. The article covers the procedures, prerequisites, expenses, and factors to consider in surrogacy processes in both Germany and Georgia, offering valuable guidance for couples maneuvering through this intricate process.
Current Legal Situation and Restrictions
The current legal situation in Germany strictly prohibits surrogacy arrangements, reflecting a legal framework that imposes significant restrictions and limitations to protect all parties involved.
Under German law, surrogacy is considered a criminal offense, with the practice being punishable by fines and imprisonment. The rationale behind strict laws is primarily focused on upholding the dignity of motherhood and preventing the exploitation of women as mere ‘birth machines’. Germany’s legal stance on surrogacy extends to jurisdictional restrictions, making it illegal for German citizens to engage in surrogacy arrangements abroad.
Challenges Faced by German Couples
When considering surrogacy as a solution for infertility, you may encounter various challenges, including legal complexities, ethical considerations, and the importance of emotional support throughout your journey.
Issues with Surrogacy in Germany
Issues with surrogacy in Germany predominantly stem from stringent legal restrictions and ethical concerns, which complicate the establishment of parental rights for couples pursuing this route.
Restrictions in Germany lead to uncertainties and complexities in surrogacy agreements, as the legal framework does not clearly address the rights and responsibilities of all parties involved.
For instance, surrogate mothers may face challenges in asserting their rights or receiving adequate support during the process. The lack of comprehensive regulations results in disputes over parental rights, especially in cases where the surrogate mother decides to keep the child.
Several court decisions have highlighted the contentious nature of surrogacy arrangements in Germany, further underscoring the need for clearer guidelines and ethical considerations in the realm of assisted reproduction.
Surrogacy in Georgia as a Viable Option
Georgia presents itself as a viable option for international surrogacy, providing a supportive legal framework and streamlined processes for couples in search of an alternative method to expand their families.
Legal Framework and Regulations
The legal framework in Georgia is structured to support surrogacy arrangements, providing regulations that streamline court approval processes and facilitate the issuance of parental orders and birth certificates for intended parents.
To secure court approval, intended parents typically need to submit a petition detailing the specifics of the surrogacy arrangement, including agreements and financial aspects. Following court approval of the surrogacy agreement, a parental order is granted, legally establishing the intended parents as the child’s official guardians. The process concludes with the issuance of the child’s birth certificate, which identifies the intended parents as the child’s legal guardians.
Benefits for German Couples
One of the primary benefits for German couples opting for surrogacy in Georgia is the robust legal protections that secure parental rights that are recognized and upheld throughout the surrogacy process.
Aside from legal safeguards, Georgia offers streamlined surrogacy arrangements that make the entire process more efficient and less complicated for you as a German couple. In contrast to the often restrictive and ambiguous regulations in Germany, benefits in Georgia significantly ease the burden and enhance the overall experience for couples pursuing surrogacy.
Germany’s healthcare system is known as one of the best in the whole world. Many people from abroad come to Germany for treatment or surgery, seeking the highest-qualified specialists in a certain area. Unfortunately, such kinds of infertility treatments as surrogacy and IVF with egg donation are still unavailable in this country, most of all because of ethical issues and the strict position of the government on this issue.
Embryo as a Subject of Law
It’s interesting to know that according to German Law, embryos are protected under the three fundamental rights of human beings: protection of human dignity, free development of personality, and right to life. The Embryo Protection Act, dated 13.12.1990, indicates this in its main provisions.
For example, it is punishable up to three years of imprisonment for the usage of donor eggs, for transferring more than three embryos at once to the future mother’s uterus, for fertilization of more woman’s eggs than can be transmitted within a cycle, and of course, surrogacy is banned. Moreover, under the par. 3, 3a of this Act, whoever undertakes to make a PGD or a sex-selection of the future baby for any other reasons than medical will be punished with imprisonment of up to one year or a fine.
Egg and sperm donation in Germany
It is curious how strict is the legal system for egg donation and surrogacy in such a developed country as Germany. Infertile women are totally out of the protection of the government there, as they can use neither an egg donor nor a surrogate mother. On the contrary, there is no explanation for why sperm donation is allowed. According to the new sperm Donation law in Germany, from the 1 of July 2018, all information about the sperm donor will be included in the specific register. At that point, attaining the age of 16 years old, any child born via ART technology can obtain information about his genetic father (sperm donor). However, it doesn’t give any parental rights to the sperm donor, it just gives the person born via ART right to know its origin.
Surrogacy overseas
Some couples face the problem that IVF, even with sperm donation, doesn’t help them to achieve the pregnancy. This forces them to choose other options for their treatment, like egg donation and surrogacy abroad. If you are ready to start your surrogacy journey abroad, draw your attention to the following items.
Above all, even if your surrogacy program will be performed overseas, take into consideration that in the end, you will come back to Germany with your baby, and it can cause some legal difficulties with the Embassy process. That’s why we suggest you pay attention to some details from the very beginning of the process.
Two mothers, one baby
First of all, when choosing your surrogate mother, pay attention to her marital status. Why is it necessary?
Even if you get the certificate of birth of the baby in a foreign country where you are written as legal parents of the baby (legal mother and legal father), the German Embassy will not recognize this certificate of birth. You will need to establish your paternity rights one more time in the Embassy according to German Law.
Under GeLawn Law, the mother of a baby is always a woman who delivers the baby, regardless of the baby’s genetic link to his biological (genetic, intended) mother, and the father of the baby is always the legal husband of a woman who gave birth.
In that regard, we strongly recommend you find a single surrogate mother for your surrogacy case abroad.
In the German Embassy, the genetic mother will have no rights to the baby at all and, consequently, cannot transfer her nationality to the baby. If your surrogate mother is single, it will be possible to acknowledge the paternity of a biological (genetic, intended) father in the Embassy according to the specific procedure.
Otherwise, if you already have a surrogate mother who is married, you will need to get the nationality and the passport of a baby in the country where the baby is born (for example, it is possible in Georgia), take it to Germany and after some time of living there, the child will have a possibility to get German citizenship according to its domicile.
Who is the father?
As we already mentioned before, the biological (genetic, intended) father needs to acknowledge his paternity in front of the German Consul. There is a specific statement that can be done in the Embassy in two different ways: before or after the baby’s birth.
In the first case, the Intended Father, who has a genetic link to the baby, has to legally recognize the child in the Consulate while the Surrogate Mother is pregnant, with the consent of the Surrogate. This recognition needs to be publicly certified (usually via Information Sheets on the Websites of the German Embassy/Consulate). Once the child is legally recognized by an Intended Father who is a German citizen, the (unborn) child automatically acquires German citizenship.
In the second case, the Intended Father is doing the same, but after the birth and also with the personal presence of the Surrogate Mother in the German Consulate (for making her consent). In both cases, it must be clear that the Surrogate Mother decided voluntarily to carry out the child and to give custody and all parental rights to the Intended Father. No hearing is necessary to prove that a declaration suffices.
Paperwork
The Intended Parents should be ready to give the following list of documentation (with translation and apostilisation if necessary) to the Embassy for acknowledgment of the paternity rights:
- Passport or identity card of the Intended father
- Passport or identity card of the Surrogate mother
- Proof of legal presence and address in the country where surrogacy was performed;
- birth certificate of the child (translated and apostilled)
- birth certificate from the hospital
- For prenatal paternity recognition: evidence of pregnancy, the calculated date of birth, and sex [if determined] should be apparent) etc.
After the paternity acknowledgment and establishment of the baby’s nationality, the Intended Parents will need to get the passport of the baby to travel home through the border.
Before, it was a big problem to get a baby’s passport for German couples. Still, the situation became a little bit better after Germany’s Supreme Court ruled that the government must recognize children born via surrogacy in other countries as the legal offspring of German intended parents.
In its ruling, the high court stated that German authorities must respect the decisions of foreign authorities in regard to the parental rights of German intended parents even though surrogacy is not legal in Germany.
We want to encourage our future parents that in case they choose us as their surrogacy provider in Georgia, we will help them with any legal difficulties they may face after the baby’s birth. It is worth pointing out that even in the event of a change in German Law that makes obtaining German citizenship for the baby more difficult, it will be possible to get Georgian citizenship and a passport for a baby born via surrogacy. The procedure is straightforward and takes not more than three weeks.
We wish all German families to fulfill their dreams!
Don’t hesitate to contact us if any questions occur.
Author: Sukhanova Anna, legal adviser of Pons Medical Group
Costs and Considerations
When you compare the costs of surrogacy in Georgia versus Germany, account for various factors such as:
- surrogate fees,
- medical procedures,
- expenses related to travel arrangements,
- healthcare.
Comparing Costs with Surrogacy in Germany
In Georgia, surrogate fees are lower than in Germany. Medical procedures in Georgia are also more cost-effective, including procedures such as IVF treatments and prenatal care. Surrogate expenses, such as accommodation and meals, are much more affordable in Georgia.
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Frequently Asked Questions
1. What is surrogacy and is it legal in Germany?
Surrogacy is the process of using a third party to carry and give birth to a child for another individual or couple. In Germany, surrogacy is only legal under strict conditions and is heavily regulated by German law.
2. What are the requirements for surrogacy in Germany?
In order for surrogacy to be legal in Germany, the surrogate mother must be a close family member, and there must be a medical reason why the intended mother cannot carry the child herself. Additionally, the surrogate mother is not allowed to receive any compensation for carrying the child.
3. Can German couples pursue surrogacy in other countries?
Yes, German couples can pursue surrogacy in other countries where it is legal. However, they must still abide by German surrogacy laws and obtain a certificate of parentage from a German court before the child can be recognized as a German citizen.
4. What is the current legal status of surrogacy in Georgia?
In Georgia, surrogacy is legal and regulated by the Law on Assisted Reproductive Technologies. The country has become a popular destination for international surrogacy due to its favorable laws and affordable costs.
5. How does surrogacy in Georgia benefit German couples?
Surrogacy in Georgia is a great solution for German couples as it offers a more affordable option compared to other countries. It also allows the intended parents to have a genetic connection to their child, as the country allows for both traditional and gestational surrogacy.
6. Are there any potential risks for German couples pursuing surrogacy in Georgia?
As with any surrogacy process, there are potential risks involved. It is important for German couples to thoroughly research and understand the legal and cultural differences in Georgia before pursuing surrogacy there. It is also recommended to work with a reputable agency and have a clear contract with the surrogate mother to minimize any risks.
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