Heterosexual couples

 

Contractually, the intended parents agree to indefinitely commit themselves to take over the parental authority and child support obligation before they can commence treatment. In March 2002, the so-called Kinderrechteverbesserungsgesetz (Children’s Rights Improvement Act) (§1600 BGB, KindRvErbG) came into force, which makes it impossible for the social father to contest his paternity and undermine his obligation to Pay child support (e.g. in the case of a separation).

In addition, we recommend that you seek legal advice, even if this is not a prerequisite for donor sperm treatment.

In the case of a married couple, the legal situation is relatively clear, since a child born of donor sperm treatment within the marriage is always considered to be a legitimate child. The only difference is that according to § 1600 BGB (German Civil Code) the paternity can no longer be contested by either the wife or the husband. This is explained in writing before the treatment. A notarized contract for donor sperm treatment for married couples is therefore neither necessary under civil law nor under professional law in Bavaria.

Both intended parents agree to the treatment by signing a contract with us. A child conceived with the help of donor sperm is legally equal to a legitimate child and is entitled to support and inheritance from his or her intended parents.

The mother is contractually obliged to report the birth of the child within 12 weeks to the fertility clinic where the treatment took place. This is a prerequisite for the birth to be entered in the sperm donor registry and for the child to be able to exercise his or her right to know the identity of the sperm donor from the age of 16.

Through signing of the contract, both intended parents thereby declare their consent to the treatment. A child conceived with the help of donor sperm is legally equal to a legitimate child and is entitled to support and inheritance from his or her intended parents.

However, in the case of unmarried couples, it is legally questionable whether the father’s paternity can be legally recognized prior to treatment meaning before the birth of a child.

We recommend that unmarried heterosexual couples seek legal counsel and a notarized contract prior to treatment. For example, the following should be clarified:

• The mother’s declaration of the intended father as the legal father of the child to the registry office.
• Acknowledgement of paternity by the male partner after the birth of the child
• The right of custody in the event of a separation
• The payment of alimony for the partner who takes care of the child and cannot be (fully) employed, in case of separation

In the case of unmarried couples, the paternity cannot be challenged later by any of the desired parents.

The mother is contractually obliged to report the birth of the child within 12 weeks to the fertility clinic where the treatment took place. This is a prerequisite for the birth to be entered in the sperm donor registry and for the child to be able to exercise his or her right to know the identity of the sperm donor from the age of 16.