Treatment according to Extent and Feasibility
In Germany, 10 - 15 % of the couples are unintentionally childless. There are various options for treatment depending on the applicable diagnostic findings. Several drug-based treatments, surgeries, hormone stimulations, induction of ovulation for "targeted" sexual intercourse, insemination and, finally, IVF and ICSI are the available options. In the vast majority of cases, these procedures are performed in what is known as the "homologous system" (with eggs and sperm coming from the married couple) or the "quasi-homologous system" (which is the same, but for unmarried couples). However, there are many cases in which it is not possible to use the couple's own eggs and/or sperm, or there may be special reasons for them not being used.
Treatment with donated eggs or donated embryos is currently prohibited in Germany.
“Embryo Protection Act, dated December 13, 1990 (Federal Law Gazette I p. 2746), as amended by article 22 of the Act dated October 23, 2001 (Federal Law Gazette I, p. 2702)”
However, treatment with donated sperm is permitted. Treatment with donor sperm initially remained forbidden in Germany until long after World War 2.
In 1970, the 73rd German Medical Assembly spoke out in favour of acceptance. The 56th Assembly of German Lawyers reached a majority conclusion in 1986 that "heterologous insemination as such does not violate human dignity" and that a continued ban was not justifiable based either on Moral Law or on article 6, paragraph 1 of the German Constitution. Luckily, the treatment option (use of donor sperm) was included in the current
Guidelines for Artificial Insemination (PDF file)
However, there is still no real legal regulation. This regulatory loophole requires that relevant regulations from the Family and Civil Codes be applied/implemented in order to ensure the greatest possible degree of legal protection for everyone involved in this process (couples, sperm donors, doctors and children).
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