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Abstract

Counseling homosexual couples in fertility and artificial reproduction

The wish for own child also shows for homosexual pairs an important life aspect which is to be fulfilled by reproductive- medical possibilities or the adoption.

With the ESchG of 1990 the legislator has created a meanwhile outdated regulation work which is urgently to be renewed. For gay couples there are no possibilities of treatment in Germany for lesbian couples pass by the bans of methods of treatment under federal law the generally allowed treatments are open.

Where the directives of the BÄK have become occupational law the treatment of lesbian couples is forbidden. In all other cases a considerable juridical risk remains.

On the other hand the juridical situation of the medical doctors is still unsettled with treatment of homosexual couples. In the same way the tax-juridical and health insurance-juridical claim situation of the affected pairs is unsettled. Liability questions are also not cleared finally.

The present work gives an overview about the present juridical basic conditions and the problems arising out of this for medical doctors and patients.

CME Prakt Fortbild Gynakol Geburtsmed Gynakol Endokrinol 2011; 7(3): 198-211

Keywords
Artificial reproduction, homosexual couples, german law

Holger Eberlein
Rechtsanwalt, Fachanwalt für Medizinrecht, Berlin
Reviewer: Andreas Jantke, Berlin
und Manja Krause, Berlin

Eberlein H. Beratung ... Gynakol Geburtsmed Gynakol Endokrinol 2011; 7(3): 198-211 publiziert 30.11.11 www.akademos.de/gyn ©akademos Wissenschaftsverlag 2011 ISSN 1614-8533