A woman who has to get with the help of a Ukrainian surrogate mother, a child, on the German Registrar’s office not as a mother.
According to German law, that is the Ukrainian, as a now published decision by the Karlsruhe Federal court of justice (BGH). The desire of mother therefore remains only the Adoption (Az. XII ZB 530/17).
surrogacy is banned in Germany. Some try to fulfil their desire to have children in a foreign country. The Couple in the Supreme court case.
In the Ukraine, the two will find a woman who is willing, you carry a child. The sperm and the egg come from the German, are genetically so do the parents. By the end of 2015, the child comes in the Ukrainian capital city of Kiev to the world.
at First, everything goes according to Plan. Even before the birth of the man recognized at the German Embassy, the paternity. The surrogate mother is not a Declaration that she is the real mother. So, the Ukrainian office of the German registered parents.
But the German authorities do not play. Because of the Ukrainian birth certificate, you think first of all, the story of a birth abroad. But comes out later, that there was a surrogate mother. The district court of Dortmund directs the Registrar to register this woman as a mother. Because according to German law it is always the woman who gave birth to the child. Before the higher regional court of Hamm in Westphalia, the parents fight back, unsuccessfully. They hope the Supreme court will be in vain.
the top of the family have recognized a judge in Karlsruhe very similar to the constellations in individual cases already in arrears.
2014 may be the two gay life partners from Berlin officially parents of their California-born child. You played a surrogate mother to the child. The seed comes from one of the men, the oocyte is donated. Just as the Supreme court in 2018 to decide in the case of twins born to a surrogate mother in the US state of Colorado to egg donation: The German mother is recognized, even though the children are genetically descended only from her husband.
The crucial difference: In both cases had been confirmed in U.S. courts, the Parenting German couples before the birth.
The Supreme court acknowledges these decisions, although the legal situation is here. To the Welfare of the children concerned, as it is said in two resolutions: A “limping relationship,” should you be spared – so that you don’t have according to German law, a mother, there is according to the American judgment.
at the Time, also plays a role for the judge, “that the desire of parents to take other than the surrogate mother, the Parents and the child for its prosperous development necessary care want to leave”. The recognition of American judgments should not be denied, therefore, with the idea that more couples should bypass the German ban on abroad.
The current case, however, is different. Because here there are no Ukrainian court decision, but only a registration at the registry office. Because the Supreme court sees itself not bound. The “mere registration in the Ukraine” was “significantly”, it says.
The judge had, therefore, examine himself, whether the parentage is to be assessed according to Ukrainian or according to German law. Because the child has shortly after birth brought to Germany and since lives here, if you choose the second way.
Accordingly, the surrogate mother is the mother, because she brought the child to the world. With the appropriate paragraphs in the Civil code the legislature has made a conscious decision to write to the judge to notice. That the surrogate mother does not want the child, don’t be so “decisive”.