Germany says no child support for sperm donation pregnancies

Federal Administrative Court in LeipzigGerman women who conceive using anonymous sperm donors should no longer receive child support from the state, a court has ruled.

A woman who became pregnant via anonymous donation in Denmark has been refused child support by a Leipzig court – because the state would have no way of recovering the money.

The woman gave birth to a boy in 2005 and would normally be entitled to child support payments from the state because the child’s father had no involvement. But under German law, state child support is supposed to be advance on money later taken from the absent father.

The Federal Administrative Court declared that the woman had “consciously and willingly from the start onwards, stymied the identification of the other, support-liable parent.”

According to a report on The Local, German law currently prohibits the paying of child support where the mother refuses to identify the father, and this should also apply to mothers who conceive via sperm donation the court ruled.

“The granting of support as a replacement service should be [the exception in cases where] resort to the other parent is not possible.”

In a similar case, the same court recently declared that a gay man who donated sperm to help a lesbian couple conceive could challenge the decision to name another man as the father.

The court said the man not forfeited his right to be declared father of the child like anonymous sperm donors.

Photo of the Federal Administrative Court in Germany by André Karwath via Wikipedia under a Creative Commons licence 

 

Marilyn Stowe

The senior partner at Stowe Family Law, Marilyn Stowe is one of Britain’s best known divorce lawyers with clients throughout the country, in Europe, the Far East and the USA.

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