Sperm donation is a "conscious contribution to the production of human life"
Hanover (jur). The Hanover district court sentenced two reproductive practices to provide information about the origin of donor sperm. The now 22-year-old applicant has the right to knowledge of her biological father, judged the local court on Monday, October 17, 2016 (Az .: 432 C 7640/15). As justification, it referred to the "social and ethical responsibility" of the donor, who had made a conscious and "significant contribution to the production of human life".
In 1993, because of her husband's infertility, the mother went to a reproductive medical practice and finally had an artificial insemination. The donor sperm came from a cooperating practice. The daughter was born in 1994.
Now she wants to know who her biological father is. In agreement with her parents, she sued the doctors.
With success: The young woman was entitled to information about the identity of the donor and to "access to the relevant treatment documents", judged the Hanover district court. This follows from the principle of good faith.
The treatment contract concluded with the parents had a “protective effect in favor of the child”, the district court explained as the reason. Its right to information takes precedence over the right of the sperm donor to informational self-determination. "This results from the fact that the sperm donor made a conscious contribution to the production of human life and bears a social and ethical responsibility for this."
In 2013, the Higher Regional Court (OLG) Hamm ordered a doctor to provide information about the sperm donor with a sensational judgment (judgment and JurAgentur report of February 6, 2013, file number: I-14 U 7/12). In 2015, the Federal Court of Justice in Karlsruhe also decided that a donor child had information about its biological origin (judgment and JurAgentur announcement dated January 28, 2015, ref .: XII ZR 201/13). Thereafter, the doctors cannot usually rely on their confidentiality. mwo