What is egg donation and why is it relevant for many people?
Egg donation is a form of assisted reproduction in which a woman donates her eggs to another woman to help her become pregnant. This method is often used for women who do not produce their own eggs or whose eggs cannot lead to a successful pregnancy – be it due to genetic diseases, premature menopause or other health problems. In lesbian couples, egg donation is occasionally used when a so-called ‘shared motherhood’ is sought, in which one mother contributes the egg and the other mother carries the egg fertilised with donor sperm. For gay couples, egg donation is used in conjunction with surrogacy (prohibited in the DACH region).
For many people who are unable to have children for medical or social reasons, egg donation is a life-changing opportunity. It gives hope and opens up a path to a family of their own. Nevertheless, women and couples in Germany face a massive obstacle: egg donation is prohibited.
The current legal situation: a backward situation in reproductive medicine
Since 1990, Germany has maintained a strict embryo protection law that prohibits egg donation. While sperm donation is permitted and well regulated, there is no comparable option for women who are dependent on egg donation. The only option for these couples is therefore treatment abroad, which is associated with considerable costs, logistical challenges and emotional stress.
Countries such as Spain, the Czech Republic, Austria and Denmark offer legal and established egg donation procedures, and thousands of German couples travel to these countries every year to receive fertility treatment. Travelling abroad is not only expensive and inconvenient, but is also subject to different legal regulations. It is particularly problematic that the donors remain anonymous in most of these countries, which means that children conceived through egg donation have no right to information about their genetic origins.
The effects of the ban: high costs, emotional stress and a lack of security
The ban on egg donation in Germany has far-reaching consequences. Firstly, treatment abroad entails considerable financial burdens. In addition to the treatment costs, there are also travel costs and organisational expenses, which are difficult for many couples to cope with. Furthermore, the medical costs of egg donation are not tax-deductible as a special expense, unlike the costs of sperm donation.
In addition, many women and couples who make use of egg donation abroad feel stigmatised. In Germany, there is little knowledge and therefore little understanding of the topic, and many couples feel that they are doing something forbidden, even though the treatment is completely legal in the countries where it is carried out. This emotional burden can lead to feelings of shame and additional psychological challenges.
Another negative aspect of the ban is the lack of protection for children conceived through egg donation abroad. In many countries where egg donation is legal, the identity of the donor remains anonymous. This means that the children have no way of knowing their genetic origin – a right that is guaranteed in Germany for sperm donations by the Sperm Donor Register Act.
Psychosocial counselling, which is mandatory in Germany for sperm donation, does not take place for egg donation. It is often not offered in foreign clinics.
A look at the EU: How other countries regulate egg donation
Germany is one of the few exceptions in Europe when it comes to the ban on egg donation. In almost all other EU countries, egg donation is legal and regulated: In Central Europe, Germany (EU), Luxembourg (EU) and Switzerland are the exceptions. Spain and the Czech Republic are two of the leading countries in fertility treatment with egg donation. There are clear legal regulations that protect the rights of both donors and recipient couples.
A comparison with other European countries shows that the legalisation of egg donation not only improves access to medical care, but also creates ethical standards that protect the welfare of the children. Countries such as Austria, Belgium and the Netherlands have well-regulated systems that ensure that donors are treated fairly and given sufficient information, while at the same time safeguarding the children’s right to information about their genetic origins.
Germany is lagging behind here. The ban not only leads to an additional burden for couples who wish to have a family, but also to ethical inequality, as children conceived abroad through egg donation have fewer rights than children conceived through sperm donation in Germany.
A look at the recommendations of the expert commission: a clear appeal for legalisation
In February 2024, an independent expert commission on reproductive self-determination appointed by the German government published its recommendations on egg donation (and other reproductive issues). The commission, consisting of ethics, legal, medical and patient representatives, clearly advocated the legalisation of egg donation in Germany. The report emphasises that the ban on egg donation not only raises ethical questions, but also puts many couples and women in legal and financial difficulties.
The commission argued that legalisation would create ethical standards that would improve the protection of all parties involved – especially that of children conceived through egg donation. The recommendations also call for the right of children to know their genetic origin to be safeguarded and for fair conditions to be created for donors.
This clear appeal by the expert commission emphasises the need to reform the Embryo Protection Act in order to provide a fair and safe solution for couples and individuals in Germany.
Why Onuava is campaigning for the legalisation of egg donation in Germany
Onuava clearly advocates the legalisation of egg donation in Germany. Women and couples who are dependent on such treatment should no longer be disadvantaged. The ban does not lead to fewer people making use of egg donation – it only shifts the treatment abroad, where higher costs and additional burdens await them.
Legalisation would improve medical care in Germany and at the same time create a fair system that focuses on the well-being of all those involved – donors, recipient couples and children. Regulated egg donation in Germany could guarantee high medical standards and ensure that both recipients and donors receive comprehensive information and care. In addition, the children’s right to information about their genetic origin, as is the case with sperm donation, would be guaranteed.
We believe that the time is ripe to modernise the law and help many families in Germany to realise their dream of having their own children – without the burden of travelling abroad, high costs and uncertainty.
