Abstract

Surrogate motherhood is prohibited in Germany; more and more childless German couples therefore look for a surrogate mother abroad. Due to the partly tragic consequences that the use of surrogacy abroad can have for all parties involved, it is now time to rethink the prohibition. To this end, the author examines all the arguments put forward for and against controlled permission for their analytical rigor and coherence and sharpens the state of the debate. The work concludes with a draft law that combines the results obtained - from moral-philosophical, legal-theoretical, developmental-psychological and sociological arguments to fundamental rights.