Fertility laws change from country to country and depends on a variety of circumstances and specific regulations.
— Anastasia Herman LL.M

It is mandatory to explore legislation of your home country as well as the law of the state where you consider to have fertility journey. Our law office provides consulting taking into consideration particularities, current legislation and solutions in your best interests.

If you are German citizen, please Request a Consultation on surrogacy and we will happily share out expertise with you!


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GERMANY

Under German law surrogacy program is forbidden as the surrogate is the presumed as legal mother of the child lifelong. That is why it is not legal to have domestic surrogacy treatment in Germany. 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 abroad as legal offspring of German nationality and respect the decision of foreign official institutions. German government should recognize status of German Intended Parents and grant German citizenship to a child even though surrogacy is not legal inside the country, , what is accordingly to Deutsche Welle. The father obtains all rights and obligations to the child after particular application to the German Embassy was submitted and all criteria were met.The Intended mother doesn’t have any parental rights even if she is genetically related to with a child born via surrogacy but she has a right to adopt her child.

Summing up Ukraine is the best opportunity abroad, where German nationalities can do surrogacy and legally obtain theirs legal rights under the newborn child.

Anastasia Herman law office assists with legal process for German Intended Parents providing the full range of services. Approachable, confident and highly experienced services are providing to each our client taking into consideration best of child’s’ interests.

If you are German citizen, please Request a Consultation on surrogacy and we will happily share out expertise with you!