In some cases, the desire to have a child can still be fulfilled using donor sperm: for example, if the man’s sperm quality is extremely limited, no sperm cells are available, there is a hereditary disease or previous fertility treatments have been unsuccessful. The donor sperm is obtained from a sperm bank in frozen form and either transferred directly into the woman’s uterus (heterologous or donor insemination) or used as part of artificial insemination via IVF or ICSI. Before treatment using donor sperm, you will have a detailed consultation with your doctor in which your questions, the choice of sperm donor and the legal framework will be discussed in detail.
In order to carry out the donor sperm treatment, a treatment contract must be concluded that offers you, the future child and the donor maximum security. First and foremost, the male partner who wants to have children declares that he acknowledges paternity and will provide for the child in terms of maintenance and inheritance. In addition, the Sperm Donor Registry Act (SaReG) dated 1 July 2018 provides legal certainty. This act stipulates that after the birth of a child conceived using donor sperm, the child’s own data, the mother’s data and the donor’s data are deposited with the German Institute for Medical Documentation and Information (DIMDI) and stored for 110 years. The child has the right to find out the identity of their biological father via the sperm donor register from age 16. The sperm donor, in turn, is protected from being identified as the legal father through a supplementary provision in the German Civil Code (BGB). Claims relating to custody, maintenance or inheritance are thus waived.