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Currently, Germany has a ban on egg donation. This has been in place for some time, but there are ongoing arguments that it should be lifted. A commission on reproductive rights is working on a draft of a proposal to do this, and it’s likely this draft will be available before the next election cycle. The next federal elections in Germany are in the fall of 2025, and Justice Minister Marco Buschmann believes the proposal will enter the Bundestag before that time.

For women who aren’t able to conceive naturally, donated eggs are critically important to their desire to start or expand their families. There hasn’t been a full commitment between the Social Democrats (SPD), Greens and Free Democrats (FDP) to legalize egg donation at this point, but they have agreed to consider the issue. That’s more than has been done in the past, when the possibility of making a change to the law was simply off the table.

A 2021 agreement between the two parties created a commission which examined reproductive medicine issues in the country, including egg donation. The commission issued its findings and recommendations in April 2024, stating that there wasn’t any medical or psychological reason to go against legalizing this option. Most other European countries have already made egg donation legal, and the commission suggested following that lead.

Germany is one of only four countries in western and central Europe where donating eggs is illegal. The change to a legal option would make it easier for more people to have the families they want and experience the joy of parenthood. The commission also looked at other reproductive concerns, such as abortion, without coming to a consensus on the issue.

Most likely, if a bill to legalize egg donation makes its way to the Bundestag, it will include regulations to help ensure that children can know their parentage and that egg cells can’t be traded for any kind of financial gain. Eggs will have to be truly donated, without any compensation, to ensure safety and the fair treatment of everyone involved.

At The Surrogacy Law Center, we ensure that our clients understand the current state of the law and the legal risks attendant to participating in a donor arrangement. Please contact us today to learn more!