Legal situation

 

Intro

Legal situation for the donor

Content

The sperm donor may only donate at a sperm bank. He may not also act as a private sperm donor.

This is to ensure that a donor does not father more than 15 children with donor sperm. (Guidelines of the Arbeitskreis Donogene Insemination e.V.).

In principle, intended parents and donors remain anonymous to each other. The child can contact the sperm bank in Erlangen or the sperm donor register in Cologne (BfArM) at the age of 16 to find out the identity of the donor. The documents are kept there for 100 years.

The sperm donor cannot make any claims against the parents or the child. Conversely, it is not possible for the sperm donor to become liable to the child for child support or inheritance (Sperm Donor Register Act, BGB § 1600d (4)).

Following the introduction of the Sperm Donor Register  (1.7.2018), the Erlanger Samenbank is obliged to report the identity of the donor to the sperm donor register in Cologne, which is located at the BfArM, after the birth of a child or if it is unclear whether the treatment led to a birth.

The mother is legally obliged to report the birth of a child after donor sperm treatment to the treating doctors after 3 months at the latest. The data of the mother, the child and the donor are then stored at the BfArM for 100 years under the highest data protection precautions at the sperm donor register.

Intro

Legal situation for donor children

Content

A child who is the result of donor sperm treatment has the right to know the identity of the sperm donor from the age of 16. To do this, they can contact either the sperm bank in Erlangen or the sperm donor register in Cologne.

In the first step, the Erlanger Samenbank will provide the donor child with the available information (photo of the donor, biography). If the donor child expresses the wish to make personal contact with the donor, the sperm bank will inform the donor and suggest a joint meeting. The donor child and the donor are offered psychological support and preparation for the meeting.

Alternatively, if the donor child contacts the sperm donor register in Cologne, all information regarding the donor’s identity will only be given to the donor child in paper form.

Intro

Legal position of intended parents

Treatment procedure with donor sperm

If you are interested in treatment with donor sperm, please contact either the secretariat of the Erlanger Samenbank, Kinderwunsch Erlangen or a suitable fertility clinic near your home. If you do not know of a suitable practice in your area, we will be happy to advise you.

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