Die Eizellspende de lege ferenda
Die Legalisierung der heterologen Eizellspende aus rechtsvergleichender Sicht
Verfassungsrecht in Forschung und Praxis, Band 140
Hamburg 2018, 370 Seiten
ISBN 978-3-339-10156-3 (Print), ISBN 978-3-339-10157-0 (eBook)
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Heterologous egg donation has become an accepted treatment in reproductive medicine for involuntary childlessness caused by female sterility. In Germany, using egg donation heterologously is prohibited according to § 1 Abs. 1 Nr. 1 and Nr. 2 EschG (Embryo Protection Act). The German legislator sees various physical and emotional risks for the donor and the recipient, and also for the welfare of the child by splitting the motherhood in a genetic and social mother, commonly defined as gestational motherhood. Legalisation of egg donation is controversially discussed since the ESchG has come into effect, and especially after a judgement of the European Court of Human Rights against Austria in 2011 in the matter of reproductive medicine. This raises the questions of conformity with the constitution as well as international law, and how the German legislator could respond to previously brought forward concerns in form of extensive regulations. A comparison of the German law with other European and non-European countries shows that Germany has adopted an outsider-role in regard to the forbiddance of egg donations whilst there is a tendency towards legalisation in other countries. Therefore, the essential part of this thesis is a legal comparison of permissive regulations/codifications of selected European and non-European countries on heterologous reproduction methods and a possible transfer of those foreign principles into an amendmending proposal for Germany bearing the interests of the involved parties (donor, recipient and child) in mind.
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