Urgent application in court Clinic must hand over sperm from dead husband

A woman wants to be artificially inseminated with the frozen sperm of her deceased husband. A hospital in Germany refuses to hand it over. Now a court has ruled.

A clinic in Germany must hand over the frozen sperm of her deceased husband to a woman for artificial insemination following a ruling by the Frankfurt Regional Court in summary proceedings. The clinic had refused to do so because a contract with the husband during his lifetime provided for the sperm to be destroyed after his death, according to the court.

In addition, the Embryo Protection Act prohibits artificial insemination with the sperm of a deceased person. In the opinion of the clinic, employees are at risk of criminal prosecution.

The regional court took a different view and granted the woman's urgent appeal. The contract did not oblige the clinic to destroy the frozen sperm. The protective purpose of the Embryo Protection Act is not affected in this case.

There was a common desire to have children

"The applicant's affidavit conclusively and without contradiction shows the couple-related, individual development of the desire to have children. She states that there was a common desire to have children, but that her early death prevented this from being realized during her lifetime and that the deceased husband ultimately directed his will towards having a child together after his death," it says in a statement.

There is no risk of criminal liability for the employees of the clinic. The artificial insemination planned in Spain is possible regardless of the prospects of success and an ethical or moral assessment under Spanish law. The decision is not yet legally binding.