Egg Donation in Germany: The Legal System's Approach to Women's Reproductive Autonomy

Abstract

Currently, egg donation is banned in Germany and punishable by law. This criminal ban infringes on the autonomy of egg donors and egg recipients, particularly affecting women or other people who were assigned female at birth in their reproductive freedoms. Furthermore, this results in the regulation and control of female reproduction to a greater extent than male reproduction. In doing so, it manifests an outdated view of women and family that no longer reflects reality. When a woman offers up her body to fulfill someone else's desire for children, it raises fundamental questions about parenthood, child welfare, exploitation, and self‐determination. While the commodification and abuse of women is criticized, there are also calls to respect women's freedom to decide about their own bodies. A feminist and intersectional discussion is necessary to examine all aspects from different perspectives. The focus should be on the importance of reproductive self‐determination, which includes the right to freely decide whether and under what conditions to have children and the right to freely decide to support others in their desire to have children. However, this self‐determination cannot be considered separately from social and economic inequalities, which must also be addressed. The article will focus on Germany and German legislation. It will conclude that criminal law is the ultima ratio, that the protection of the affected rights of the egg donor or the child does not require a criminal ban and that other regulations are conceivable and sufficient to prevent exploitation and abuse; there is no reason to deny a woman autonomy over her own body. The current regulations reduce the affected women to a state of vulnerability.