According to a decision by the Regional Court of Frankfurt, a clinic must publish the frozen sperm of her deceased husband for artificial insemination in urgent proceedings. The clinic had rejected this because a contract with the husband during his life was planning to destroy the sperm after his death, the court announced.
In addition, the Embryo protection law prohibits artificial fertilization with the seed a deceased person. According to the clinic, employees threaten criminal persecution. The court saw this differently and gave the urgent request of the woman. The contract does not oblige the clinic to destroy the frozen sperm. In this case, the protection objective of the embryo protection law is not touched.
“Usually to have children”
“From the declaration of the applicant, the couple -related, individual development of the desire to have children, is sufficient and without contradiction. She explains that there was a common desire to have children, but the early death prevented his awareness during his life and the deceased husband recently concentrated on a child after his death, “says a message. A violation of the fundamental rights of the future child or a risk of child welfare should not be feared.
There are no risks for criminal liability for the employees of the clinic. The artificial fertilization planned in Spain is possible, regardless of the chances of success and an ethical or moral evaluation of Spanish law. The decision is not yet final, but gives the widow the hope that you can meet your wish to have children.
Source: Krone
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