Anastasia Herman - Law office | Surrogacy laws in Germany

ART is methods of infertility treatment, where manipulations with the human's reproductive cells, fertilization process, and embryo progress until future transfer into the uterus of the patient are made under in vitro condition.

In Ukraine, ART treatment is regulated by Order №787 of Ministry of the Healthcare which states:

  • gamete and embryo donation, surrogacy, PGD are allowed in Ukraine;
  • for international patients, egg donors and sperm donors can be identifiable in unique occasions;
  • the only married couple can use surrogacy;
  • to use ART treatment couple should have medical indications;
  • there are no limited attempts.

Surrogacy is one of the assisted reproductive technology treatment aimed to help a couple which suffers from infertility to have their genetically linked child with the help of the surrogate mother. There are two types of surrogacy: traditional and gestational. According to Ukrainian law - only gestational surrogacy is allowed.

Surrogacy is fixed by the Ukrainian Family law that determinates the following: «In the case of the transfer to the body of the other woman of the embryo(s), conceived by the married couple as a result of assisted reproductive technologies, the parents of the child/children are this married couple”.

From the beginning of the program surrogate is considering as a woman who only carries the pregnancy of Intended Parents and according to the Ukrainian law, she does not need to transfer her parental right to them in advance. In addition, in case if in the future surrogate mother will seek court decision to obtain parental rights and obligations to the child it is not possible as according to Family law contesting of the parenthood where ART was used is prohibited.

To take part in the surrogacy program Intended Parents should have:

  • medical indications (statement when the woman cannot get pregnant on her own because of the medical reason including uterus problems or conditions that make pregnancy impossible or risky for you, several unsuccessful IVF attempts);
  • have official state registration of heterosexual marriage;
  • at least one of the spouse should have the genetic link with the child.

Under German law surrogacy program is forbidden as the surrogate is the presumed as legal mother of the child. That is why it is not legal to have domestic surrogacy treatment inside the country. In its ruling of 10 December 2014 (Case XII ZB 463/13), the German Federal Court of Justice –Bundesgerichtshof had to decide whether, despite the domestic prohibition of surrogacy, a foreign judgment granting legal parenthood to the intended parents of a child born as a result of a surrogacy arrangement should be recognized. In accordance with previously mentioned judgment - German authorities must recognize the child born via surrogacy in other countries as legal offspring of German Intended Parent and respect the decision of foreign official institutions regards to the parental rights of German Intended Parents what is according Deutsche Welle even though surrogacy is not legal inside the country. The father obtains all rights and duties to the child after such application to the German Embassy was made and passport for a child was obtained. The Intended mother doesn’t have parental rights for a child born via surrogacy and can adopt her child after they will back to home country.

Summing up Ukraine is the best opportunity where you can start surrogacy treatment and lawfully obtain your legal rights and obligations to the newborn child. Anastasia Herman law office assists with legal process for German Parents providing the full range of services. We assist our clients as during all programs in Ukraine as during adoption process in Germany. Approachable, confident and highly experienced services are providing to each our client taking into consideration best of your interests.

Contact us right now to get effective guidance with ART process for German citizens.

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More than 17 couples used our assistance within surrogacy and egg donation programs

The average term of your stay until passport will be issued is 20 days

We represented interests more than of 32 children from Germany

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