Prof. Dr. Nina Dethloff
Universitätsprofessorin, Attorney at Law (New York), Bonn
Abstract
Surrogacy in a comparative perspective
Whether and under what conditions a surrogacy is permissible is regulated very differently by national, state, and religious rights. In Germany, as in many other countries, every form of surrogacy is forbidden (illicit) or even punishable by law. However, in a growing number of countries, surrogate births are admissible if certain regulations are kept. After the child is born by a surrogate, additional rules are applied to parenthood. In countries, that without exception interdict surrogacy, the child’s biological mother is also its legal mother. However in other legal systems the desired parents are granted full legal custody of the non-biological child, if certain circumstances are kept. Particular challenges arise when the wish for a child is realized through the use of a surrogate abroad.(Serious legal problems arise when soon-to-be parents use a surrogate abroad.)
Curriculum Vitae
Studied in Hamburg, Geneva, Freiburg, and Washington, D.C. As of 2001, holder of the Chair for Civil Law, International Private Law, Comparative Law, and European Private Law at the University of Bonn, Managing Director of the Institute for German, European, and International Family Law of the University of Bonn, as well as for the Käte Hamburger Kolleg, Rights as Culture.
2006 to 2008, ad hoc judge at the European Court of Human Rights; Member of the Permanent Deputation of the German Jurist's Day (DJT), Director of the German Society of International Law (DGIR) and the International Society of Family Law (ISFL); Expert Group on the Commission on European Family Law (CEFL); Children's Rights Commission of the German Family Court (DFGT); Deputy Chairman of the University Council of the University of Bonn, and a member of the University Council of the University of Osnabrück; Member of the Strategy Committee and the International Expert Committee of the Elite Network Bayern; Member of the American Law Institute and the Academia Europaea; Publications on national, foreign, and international family law, among others. Family Law, C.H. Beck Publications (31st edition).
