Research report 2016 - Max Planck Institute for Comparative and International Private Law
International surrogate motherhood: The child in a legal no man’s land
Duden, Konrad; Basedow, Jürgen
Max-Planck-Institut für ausländisches und internationales Privatrecht, Hamburg
SummaryInternational surrogate motherhood tests the limits of what a national law can do. Surrogacy is forbidden in Germany. Thus, many Germans commission surrogates abroad. Are they later the legal parents of the children? The children’s rights demand the recognition of their social family with the intended parents – which comes at the cost of effective enforcement of the prohibition of surrogacy. One might regret this circumstance. Accepting it, however, opens up a discussion that could lead to a better protection of the parties involved than merely insisting on the prohibition of surrogacy.