The Challenges Of
Surrogacy In Germany
Surrogacy is an excellent option for parents who want to start a family but aren’t able to have a child the traditional way, for whatever reason. Although surrogacy is a safe way for intended parents to have a child, surrogacy agreements are not legally valid in Germany.
The following outlines some of the restrictions surrounding surrogacy in Germany.
Surrogacy Is Illegal In Germany
Reproductive medicine is severely restricted in Germany due to the Embryo Protection Act, which was passed in 1991. The Embryo Protection Act states that women can only give birth to their own children.
Although in vitro fertilization (IVF) is legal in Germany, it can only be performed using your own eggs (it’s estimated that around 30% of women in Germany use IVF to become pregnant).
Because IVF is only legal if you’re using your own eggs, no woman can legally become a surrogate in Germany.
Complex Rights To Parentage
According to German law, the woman who gives birth to the baby is considered the mother. The legal partner of the woman who gives birth is viewed as the father.
Therefore, if your surrogate is married, their husband will be considered the legal father, which means the baby won’t be able to acquire German citizenship until they have lived in Germany for some time – even if the surrogate transferred their parentage rights to the intended parents.
Additionally, even if the surrogate designates the intended parents as the legal parents of the baby, German law requires that the father establish their paternity rights again with the German Embassy.
It’s important to note that if the surrogate is single, it becomes easier for the intended father to be legally recognized as the father, automatically allowing the baby to acquire German citizenship.
As such, it is suggested that German intended parents should opt for international surrogates who are single, however, it’s not a requirement to do so.
Despite the strict laws regarding surrogacy in Germany, German law does recognize the parental rights of intended parents in Germany that use an international surrogate. The German Supreme Court ruled that authorities have to respect foreign authorities’ decisions when it comes to the parental rights of intended parents from Germany.
Why Choose A US Agency For International Surrogacy?
Finding a surrogate in a country outside of Germany can be pretty challenging. Surrogacy is illegal in most countries throughout Europe. Even where surrogacy is legal (such as in the UK), the process is incredibly restrictive and complicated.
The best option for German intended parents is to use a US international surrogacy agency. The following are a few reasons to consider choosing a surrogate in the US:
Pioneering Expertise In The
The US are world leader in medical care and technology. By choosing a US surrogate, you can be confident that the latest methods and technologies are being used to support the surrogacy process and ensure its success.
Surrogacy is legal in most US states – and so are commercial surrogacies – meaning that surrogacy is an industry that helps to promote safe surrogacy practices and innovative new technologies.
Safe Surrogacy Process For International Intended Parents
There are other countries that German intended parents can turn to for international surrogacy besides the US, such as Ukraine.
However, there are some ethical concerns in these countries with reports of human trafficking, mistreatment of surrogate mothers, and of women being forced into surrogacy. By choosing a surrogate mother in the US, you’ll be able to trust that she is supported and treated well.
US surrogacy agencies go to great lengths to care for and protect their surrogates by doing the following:
- Performing rigorous screenings: Surrogates undergo thorough physical and psychological screenings to ensure that they are healthy and have the best chance of successfully carrying a baby to term without any risk to themselves or the baby.
The personal and family history is taken in this process, and potential candidates also undergo drug testing.
- Providing advanced medical health care: The US has one of the best healthcare systems in the world. Reputable US agencies can help ensure that your surrogate has access to the medical care they need to minimize the risk of complications throughout the pregnancy.
US agencies cover all of the medical costs for the surrogate so that they do not have the financial burden of any health or medical expenses throughout the pregnancy.
- Providing financial peace of mind: Commercial surrogacy is legal in the US. In many states, there are also laws and regulations that govern how agencies may operate in the US. As such, you can be assured that your money will be in safe hands.
Surrogacy-Friendly Laws In Most States
The US does not have any federal laws regarding surrogacy. Instead, they leave it up to the states to decide the legalities of surrogacy. Many states have surrogacy-friendly laws in place, although there are a few exceptions where surrogacy isn’t allowed or is strictly regulated.
If you decide to work with a US surrogate, you should choose an agency that can help connect you with a surrogate living in a surrogacy-friendly state.
Considering Your Options As Intended Parents
At Family Inceptions, we have experience connecting intended parents all over the world (including Germany) with surrogates in the US. As such, we are intimately familiar with both US and international surrogacy laws and can help provide the guidance you need throughout your surrogacy journey.
If you have questions about the cost of the surrogacy process, be sure to reach out to us at Family Inceptions. We look forward to helping you start your surrogacy plans.
Excellence With Helping Our Clients
While we certainly aren’t the only international surrogacy agency in the US, our team at Family Inceptions is one of the most trusted and respected. If you’re in Germany and considering international surrogacy, you won’t find a better option than Family Inceptions.
We help connect intended parents in Germany with a US surrogate that matches their needs. We also help guide all involved parties through the surrogacy process to make it as comfortable, stress-free, and straightforward as possible.
Legal and International
We have worked with German intended parents in the past, which means that we understand the ins and outs of the surrogacy laws in the US and in Germany. As such, we work to cover all bases to ensure that the parental transfer goes smoothly and so that you can bring your baby back to Germany as soon as possible.
Paperwork Required by German Law
We will make sure that German parents have all of the documentation needed to ensure that the parental transfer is recognized under German law. Such documents include a pre-birth or post-birth parentage order (depending on the state the surrogate lives in) and the German intended father’s acknowledgment of paternity.
How To Choose The Right Agency
Although the US is the best option for international surrogacy and most surrogacy agencies operating out of the US are doing so legally, it’s important to remember that not every agency is the same. Research the different agencies and weigh up your options – don’t just choose the first agency you come across!
To help with your research, consider the following when choosing a surrogacy agency:
- Be wary of agencies that do not have an internet presence, such as a website or a social media page. It may indicate that the agency is hiding something or that they do not want to be easily found.
- An agency should communicate with you clearly and often so that you can easily get in touch if any issues arise. If you find that the customer service is poor, especially during the beginning stages of your journey, you may want to think twice about working with them.
- A reputable agency will answer all of your questions. If you find that an agency won’t answer specific questions, or is vague and elusive with their answers, consider working with a different agency.
- Hire an agency with a lot of experience with international surrogacies. Otherwise, they may have difficulties addressing certain challenges. If they can’t prove their experience, you may want to look elsewhere.
- A reputable surrogacy will work closely with you to find the perfect surrogate match. Be wary of an agency that tries to pressure you into choosing a surrogate you’re unsure of.
Why You Should Work With A Surrogacy Agency You Can Trust
Choosing surrogacy is a significant step to take. After all, you’re entrusting someone to help you build your family. The agency you choose will have a large impact on your surrogacy journey.
As such, you’ll want to make sure that you choose a surrogacy agency that you can trust and that will support your needs and the needs of the surrogate.
Surrogacy For Intended Parents
Choosing US surrogacy is a big step towards growing your family in Germany. At Family Inceptions, we help guide intended parents through every stage of the surrogacy journey.
We will help you choose the right surrogate mother and egg donor, (if applicable). Moreover, we will make sure you’re properly informed about every facet of the surrogacy process and that your surrogacy is legal. We are here to support you every step of the way.
We Care For Our Surrogates
We have incredible respect for anyone who chooses to become a surrogate. We go to great lengths to make sure our surrogates are taken care of physically, psychologically, and financially. After all, they are willing to give a small piece of themselves to make others feel whole.
Our Egg Donors Are Generous Individuals
Like surrogate mothers, egg donors are vital to the surrogacy journey. These donors help make IVF possible. A woman willing to donate her eggs so that someone else can start a family is incredibly selfless. We take pride in supporting these women through the process and making sure all our egg donors are fairly compensated.