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German appeals court rules in favour of adoption in surrogacy case

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The Frankfurt/Main appeal court (OLG) recently held (14.12.2023, Az. 2 UF 33/23) that the adoption of a child born as a result of a surrogacy arrangement abroad was lawful despite the general prohibition on surrogacy arrangements in Germany.

In this case, the German couple availed of an egg donation and a Ukrainian surrogate. The male partner assumed parental responsibility early in 2020 and the child joined the couple in the Summer of 2020. The female partner now wanted to adopt the child, which was initially rejected by the Family Court. The couple appealed the decision and were now successful in the OLG: the court based its judgment on the best interests of the child, in particular given that the surrogate did not wish to look after the child herself. The OLG further held that genetic relationships did not give rise to more significant considerations than social relationships.

Get in touch with Nils if you would like to discuss legal and ethical issues around surrogacy.

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