Legal scholar Frauke Brosius-Gersdorf has advocated for allowing egg donation in Germany. Speaking to the Funke media group, the professor of law from Potsdam noted that while sperm donation has always been permitted in the country, egg donation is not, describing the current situation as an “obvious breach of equality.” According to Brosius-Gersdorf, legalizing egg donation would constitute the first step toward regulating surrogacy in Germany.
The jurist stated that once this hurdle is cleared, a wide-ranging debate about surrogacy must follow, including an examination of regulations in other countries. Furthermore, the debate needs to determine “if there is not a suitable legal framework that can truly ensure the protection and well-being of everyone involved.”
She elaborated on her position regarding mandatory state intervention, arguing that if the state bans voluntary surrogacy, it constitutes an infringement on fundamental rights. Brosius-Gersdorf explained that the government cannot prohibit a woman who autonomously, voluntarily, and independently states, “Yes, I want to offer myself as a surrogate mother, for example, to help other people fulfill their desire to have a child.” The state should not prevent her from doing so. However, she stressed that the state must ensure that the decision remains entirely voluntary and is not made under pressure or due to financial necessity.
