The German Stance: Surrogacy, Prohibition, and the Global Search for Parenthood

Germany, a nation renowned for its progressive social policies and strong legal protections, takes a firm and uncompromising stance on surrogacy.1 Unlike countries that have embraced commercial or even altruistic models, Germany’s legal framework explicitly prohibits all forms of surrogacy within its borders.2 This strict prohibition is rooted in a desire to uphold the dignity of motherhood and prevent the exploitation of women and the commodification of children.3 For German citizens facing infertility who wish to build a family through this means, the path is not one of domestic options, but a journey that necessitates looking abroad.4 A phrase like leihmutter deutschland kosten (German for “surrogate mother Germany costs”) is a search term that quickly reveals the country’s strict laws and the non-existence of costs for a procedure that is simply not allowed.

A Legal Framework of Prohibition

The foundation of Germany’s surrogacy ban lies in the Embryo Protection Act (Embryonenschutzgesetz), which was passed in 1991.5 This act, along with the Adoption Placement Act, makes it a criminal offense for medical professionals to facilitate a surrogacy arrangement.6 The act prohibits the transfer of an embryo to a woman who is not the genetic mother, effectively banning gestational surrogacy.7 Furthermore, any medical professional who assists in such a procedure can face fines or even imprisonment.8

The German Civil Code (Bürgerliches Gesetzbuch) reinforces this ban by stating that the legal mother of a child is always the woman who gives birth to it, regardless of genetic ties.9 This crucial legal principle, known as the “mater semper certa est” (the mother is always certain) doctrine, means that even if a surrogacy contract were to be signed, it would be considered null and void.10 The surrogate mother would be the child’s legal mother, and the intended parents would have no parental rights. This legal reality adds a significant layer of risk and uncertainty, making a domestic surrogacy journey in Germany practically impossible.

The Hurdles of International Surrogacy

Given the domestic prohibition, a growing number of German citizens turn to international surrogacy, seeking a path to parenthood in countries with more permissive laws.11 However, this decision is not without its own set of legal and logistical hurdles, particularly when it comes to having the child’s parentage recognized in Germany.12

Parental Recognition: The primary challenge is the German legal system’s refusal to automatically recognize a foreign birth certificate that names the intended parents as the legal parents.13 Because German law dictates that the birth mother is the legal mother, the legal recognition of the intended mother is particularly difficult.14
Establishing Paternity: For the intended father, establishing legal paternity is also a complex process.15 If the surrogate mother is married, her husband is considered the legal father under German law.16 If she is single, the intended father may be able to establish paternity through a legal acknowledgment of paternity, but this process requires the surrogate’s consent.
The Adoption Process: In most cases, the only viable path for intended parents to gain full legal parenthood in Germany is through adoption.17 The intended mother must adopt the child, a process that can be lengthy, emotionally taxing, and requires a full-fledged adoption procedure, even if she is the genetic mother.18 This process is often subject to the approval of the German Child Protection Board and can take a considerable amount of time.
Citizenship and Travel: The lack of immediate legal parentage can create significant difficulties with citizenship and travel. A child born via surrogacy abroad may not be automatically granted German citizenship, and intended parents may face challenges in obtaining the necessary travel documents to bring the child back to Germany.

The Search for Alternatives and Costs Abroad

Due to the legal landscape, German intended parents must look to countries like the United States, Ukraine (historically), Georgia, or others where surrogacy is legal.19 The costs associated with international surrogacy are a major factor, and they can vary dramatically depending on the chosen destination.20

United States: Surrogacy in the U.S. offers the highest degree of legal certainty and medical care but also comes with the highest price tag, often exceeding $150,000.
Ukraine and Georgia: Before the conflict, Ukraine was a popular, more affordable alternative, with costs typically ranging from €40,000 to €70,000. Georgia has since become a key destination with a similar legal framework and competitive pricing.
Other Destinations: Other countries like Greece and Canada offer altruistic models, which may have lower direct costs but present their own set of legal complexities and