Share:
Court in Hannover condemns doctors for information about sperm donors
Hanover (jur). The Hanover District Court has sentenced two reproductive practices for information about the origin of donor sperm. The 22-year-old plaintiff is entitled to knowledge of her biological father, the District Court ruled on Monday, October 17, 2016 (Ref .: 432 C 7640/15). The reason given was the "social and ethical responsibility" of the donor, who made a conscious and "significant contribution to the production of human life".
Because of her husband's infertility in 1993, the mother went to a reproductive medical practice for treatment and finally made an artificial insemination. The donor name came from a cooperating practice. In 1994, the daughter was born.
(Image: Tatiana Shepeleva / fotolia.com) She wants to know who her biological father is. In agreement with her parents she complained against the doctors.
With success: The young woman is entitled to information about the identity of the donor and "insight into the relevant treatment documents," the district court of Hanover ruled. This follows from the principle of good faith.
The concluded with the parents treatment contract unfold a "protective effect in favor of the child," said the District Court as justification. Its claim to information has priority over the right of sperm donor to informational self-determination. "This is because the sperm donor has been instrumental in making a significant contribution to human life and has a social and ethical responsibility to do so."
With a sensational verdict in 2013, the Higher Regional Court (OLG) Hamm had obliged a doctor to provide information about the sperm donor (judgment and JurAgentur report of 6 February 2013, file no .: I-14 U 7/12). In 2015, the Federal Court of Justice in Karlsruhe also ruled that a donor child has information about his or her biological origin (judgment and JurAgentur notification dated 28 January 2015, ref .: XII ZR 201/13). As a rule, doctors can not rely on their secrecy. mwo