Declaration of consent

General information

Medically assisted reproduction may be carried out only with the consent of the spouses, registered partners or cohabitants.

Consulting a notary public

If the ova or semen of a third person are to be used, registered partners and cohabitants must consult a notary public in relation to the legal consequences of consenting to medically assisted reproduction before carrying out the procedure.

Formal requirements

If the ova or semen of a third person are to be used, the consent  must take the form of a notarial deed.

The consent of the spouses, registered partners or cohabitants to the carrying out of medically assisted reproduction can be given only in person. It is therefore not possible for them to be represented by another person. A prerequisite for the granting of consent to the carrying out of medically assisted reproduction is that the person consenting to it must have the capacity to make informed decisions.

The consent of both spouses, registered partners or cohabitants must not be more than two years old at the time of the introduction of semen, ova or viable cells into the woman’s body.

Revocation

The consent to medically assisted reproduction can be revoked informally (e.g. in writing, orally) by either spouse, registered partner or cohabitant.

Revocation is possible until the semen, ova or viable cells are introduced into the woman’s body. The revocation must be declared to the doctor and this can only be done in person, even if the person declaring the revocation has lost the capacity to make informed decisions. The doctor must record the revocation in writing and, at the request of the person declaring the revocation, must issue confirmation of it.

Legal basis

Section 8 of the Fortpflanzungsmedizingesetz (FMedG)

Translated by the European Commission
Last update: 25 January 2021

Responsible for the content: Federal Ministry of Justice