(July 27, 2017) On May 18, 2017, the German Bundestag (parliament) adopted an act that gives children conceived through sperm donation the right to request information on the identity of the sperm donor once the child turns 16. The act excludes the possibility of using that information in court to declare the sperm donor the legal father of the child and therefore prevents the assertion of custody, child support, or inheritance claims. The act will enter into force on July 1, 2018, one year after its publication in the Federal Law Gazette. (Gesetz zur Regelung des Rechts auf Kenntnis der Abstammung bei heterologer Verwendung von Samen [Act to Regulate the Right to Know One’s Heritage in Cases of Heterological Use of Sperm], July 17, 2017, BUNDESGESETZBLATT [BGBl.] [FEDERAL LAW GAZETTE] I at 2513, BGBl website.)
Central Register
The act establishes a central register at the German Institute for Medical Documentation and Information (Deutsches Institut für Medizinische Dokumentation und Information (DIMDI)). (Id. art. 1 § 1.) The register will contain the first and last name of the sperm donor, his birthday and birthplace, nationality, and address. (Id. art. 1 § 2 ¶ 2.) The same data is collected from the women receiving the sperm. (Id. art. 1, § 5). The data will be saved for 110 years. (Id. art. 1 § 8.) The consent of the sperm donor and of the woman receiving the sperm to have their data stored in the central register and provided to a future child is an essential prerequisite for the artificial insemination. (Id. art. 1 §§ 2 & 5.) Once the baby is born, the institute where the artificial insemination took place must report that information to the DIMDI. (Id. art. 1 § 6.) The 110-year period takes into account the general life expectancy of a person; that time frame is also consistent with the duration that data needs to be stored in other laws, e.g., the birth register and marriage register. (Entwurf eines Gesetzes zur Regelung des Rechts auf Kenntnis der Abstammung bei heterologer Verwendung von Samen [Draft Act to Regulate the Right to Know One’s Heritage in Cases of Heterological Use of Sperm], DEUTSCHER BUNDESTAG: DRUCKSACHEN UND PROTOKOLLE [BT-Drs.] 18/11291, at 17, Deutscher Bundestag website.)
Sperm that has already been collected before the act entered into force may only be used for an artificial insemination if the sperm donor has been subsequently provided with the necessary information and has been informed that he can object to the use of his sperm. (Gesetz zur Regelung des Rechts auf Kenntnis der Abstammung bei heterologer Verwendung von Samen, art. 1 § 13.)
The Child’s Right to Information
Any person 16 years of age or older who suspects that he or she has been conceived through artificial insemination has the right to seek relevant information from the DIMDI. Persons younger than 16 may only enforce that right through their legal guardians. (Id. art. 1 § 10 ¶ 1.) The DIMDI first has to check with the German registration office whether the address on file for the sperm donor is still current, then it must inform the sperm donor, four weeks before the fact, that the information will be provided to the child. The DIMDI may charge a fee for its services. (Id. art. 1 § 10 ¶¶ 5 & 6.)