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outdated regulation work which is urgently to be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
Artificial reproduction, homosexual couples, german law
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