Die vertrauliche Samenspende – zugleich ein Vorschlag zur Reform des Abstammungsrechts
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Abstract
Abstract
Problem Statement and Research Subject
This dissertation examines the legal challenges in parent-child assignment in families created through heterologous sperm donation. While current German parentage law is primarily based on genetic relatedness, social reality shows an increasing diversity of family forms. Particularly with confidential sperm donations outside the medical system, legal uncertainties arise, as this constellation has not yet been comprehensively regulated.
Objectives and Methodology
The work pursues the goal of developing modern guiding criteria for contemporary parent-child assignment law through an interdisciplinary approach. Empirical research findings from family sociology, neurobiology, and child psychology are evaluated to determine the needs and interests of all parties involved – sperm donors, intended parents, and children. Based on this foundation, a concrete reform proposal is developed.
Central Findings
The interdisciplinary analysis demonstrates that genetic descent is of subordinate importance for family functioning and child welfare. Rather, the decisive factors are the will to parenthood and actually lived social parenthood. Neurobiological studies show that the adult brain changes through the assumption of parental care regardless of genetic relatedness. For children, biological descent is not crucial, but rather the stability of emotional bonds with their caregivers.
The examination of interests in confidential sperm donations reveals heterogeneous needs: while some participants seek complete anonymity of the donor, others desire differentiated integration into the family structure. Current law cannot adequately reflect this diversity.
Reform Proposal
Based on eight systematic guiding principles, the work develops a comprehensive reform proposal for German parentage law. The central requirements for consistent parent-child assignment law include:
Priority of the Will to Parenthood: Genetic descent is replaced as the cornerstone of parent-child assignment by the will to parenthood. In conflicts between genetic, social, and intended parents, intended and later social parenthood receives priority.
Private Autonomous Design: Due to the highly personal nature of reproductive decisions, a parenthood agreement is introduced that enables legally binding arrangements regarding parenthood, custody, contact, and maintenance. The state should only intervene in cases of child welfare endangerment.
Responsibility Principle: Legal responsibility lies with those to whom the child owes its existence – namely the intended parents, whose decision to involve a sperm donor was causal for the child's creation.
Non-Discriminatory Assignment: The law is designed gender- and orientation-neutral. Same-sex couples receive direct access to legal parenthood without detour through adoption.
Irrelevance of Conception Circumstances: Legal assignment occurs regardless of whether conception took place through sexual intercourse or artificial insemination. State interference in the most intimate areas of life is ended.
Stability: Challenge rights are severely limited to protect established bonding relationships. Particularly the sperm donor is permanently excluded from paternity claims upon effective waiver.
Modified Two-Parent Principle: While generally a maximum of two legal parents are provided, additional persons can be integrated through differentiated custody and contact rights.
Practicability: Assignment occurs through simple, rapid procedures at the time of birth, without lengthy adoption procedures.
Significance and Outlook
The dissertation demonstrates that German parentage law requires fundamental reform to meet the social realities of modern family forms. The developed reform proposal enables, for the first time, legal recognition of the diversity of family constellations while safeguarding child welfare. The outdated "blood-is-thicker-than-water logic" is replaced by a system based on responsibility assumption and lived relationships.
The work makes an important contribution to the modernization of family law and offers concrete solution approaches for the legal challenges of reproductive autonomy in a pluralistic society.
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Contributors
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Dates
Issued: 2025-02-05
Faculty
FB01:Rechtswissenschaft
Language
de
Keywords
SamenspendeAbstammungsrechtReformGleichgeschlechtliche ElternschaftDiskriminierung
DFG-subjects
113-02 Privatrecht
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Boland, Kevin: Die vertrauliche Samenspende – zugleich ein Vorschlag zur Reform des Abstammungsrechts. : 2025-02-05.
License
Except where otherwised noted, this item's license is described as Attribution-NonCommercial-ShareAlike 3.0 Germany