Surrogacy in the USA

– What German Parents Need to Know -

Surrogacy in the USA

– Recognition in Germany Made Clear -

For German parents, U.S. surrogacy can open the door to parenthood. But what happens once you return to Germany? We help you secure legal recognition, citizenship, and peace of mind.

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Legal Service for Intended Parents

Drafting the valid and enforceable Gestational Carrier Agreement, parentage petitions and parentage decisions is key for a successful surrogacy journey

Legal Services for Surrogates

Intended Parents are thankful for your help. Nevertheless, a valid, enforceable and for both parties agreeable Gestational Carrier Agreement is a must.

Legal Services for Agencies

An agency agreement that spells out the surrogates and the intended parents rights and obligations ensures a collaborative and emotional rewarding surrogacy journey.

Legal Services for IVF Clinics

Obtaining valid and enforceable egg donor agreements, consent forms, compliance with Hipaa forms, parentage decisions is a must for IVF clinics to ensure the desired results of a surrogacy journey,

Why German Parents Face Legal Challenges After U.S. Surrogacy

Surrogacy is prohibited under German law. Couples who complete a surrogacy journey in the United States are therefore confronted with a legal system that does not automatically align with their new reality as parents.

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Here are the key legal hurdles:

Prohibition in Germany: Surrogacy is forbidden under the Embryo Protection Act.

Motherhood defined differently: German law (§ 1591 BGB) states that the legal mother is always the woman who gives birth.

Ban on mediation: Agencies cannot legally arrange surrogates in Germany (§ 13b Adoption Placement Act).

Parentage conflicts: While intended parents are recognized in the U.S., German law initially considers the surrogate the mother.

These differences create uncertainty for German families. Passports, parental authority, and inheritance rights may be delayed or even denied until legal recognition is obtained.

How We Help You Bridge U.S. and German Law

Our firm specializes in cross-border family and inheritance law, guiding German parents through every legal step after U.S. surrogacy.

We provide clarity and representation in both countries:

⚖️ Recognition of U.S. Court Rulings
We assist in having your U.S. pre-birth or post-birth order recognized by German authorities and courts.

📜 Stepchild Adoption / Second Parent Recognition
Where required, we support the second parent in completing a stepchild adoption to secure equal legal parenthood in Germany.

🌍 Citizenship and Nationality
Children born in the U.S. automatically obtain U.S. citizenship and often German citizenship by descent. We clarify passport and dual nationality issues.

🏛️ BGH Case Law, Explained in Plain Language
We translate the complex decisions of the Federal Court of Justice (BGH) into clear, actionable steps for your family.

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Real Results: From Uncertainty to Legal Security

A German couple completed surrogacy in California. Before birth, they obtained a pre-birth order naming them as the legal parents. Their child was issued a U.S. birth certificate and acquired U.S. citizenship.

Back in Germany, however, only the genetic father was recognized immediately. For the second parent, the court required a separate judgment recognition process. With our assistance, both parents now enjoy full parental rights under German law.

The result: The family has secure recognition in both legal systems — no risk to custody, passports, or inheritance.

The German American Law Center Offers Different Legal Services in the Area of International Surrogacy & Parentage Rights

With respect to international surrogacy, we are offering the following legal services to ensure seamless coordination across borders, compliance with applicable laws, and protection of all parties involved.

Contract Drafting & Review

Drafting and reviewing

- surrogacy agreements,

- egg donor contracts,

- agency contracts,

- IVF Clinic contract,

- non disclosure agreements

compliant with both U.S. and foreign jurisdictions (e.g., Germany, Canada, Colombia, Ukraine).

Ensuring enforceability and protection of rights for intended parents, surrogates, and donors.

Parentage & Legal Recognition

Obtaining pre-birth or post-birth parentage orders in the U.S.

Assist in obtaining birth certificates in the U.S. and foreign country.

Obtaining proof of biological relationship through DNA testing necessary for the recognition in a foreign country, such as Germany.

Assisting with recognition of parentage judgments across borders (particularly in civil law countries like Germany).

Cross-Border Legal Coordination

Advising on conflicts between U.S. surrogacy-friendly laws and restrictive foreign laws (e.g., Germany’s Embryo Protection Act).

Coordinating with foreign counsel to ensure birth registration, passport acquisition, and entry/exit compliance.

File petition with German courts and vital record office recognizing the foreign parentage decision in the Intended Parents home country.

Immigration & Citizenship Guidance

Supporting U.S. and foreign citizens in securing passports, birth certificates, and citizenship documentation for children born via surrogacy.

Guidance on acquiring U.S. citizenship for children born abroad to U.S. intended parents.

Risk Assessment & Legal Strategy

Identifying legal risks in international surrogacy arrangements (e.g., surrogate enforceability, jurisdictional issues).

Developing a jurisdiction-specific legal strategy to safeguard parental rights.

Coordinate with foreign counsel.

Agency & IVF Coordination

Working directly with surrogacy agencies and IVF clinics to align medical and legal procedures.

Assisting international clients in understanding and fulfilling U.S. legal requirements.

Other Legal Services That We Offer

The German American Law Center PLC specializes in cross border German and U.S. American Law issues including German Probate Law and German Probate Administration, German Inheritance Law, International Wills, German Family Law including Parentage Law, Adoptions and Step Parent Adoptions, German Citizenship Law, International Surrogacy Law, Michigan Surrogacy Law, U.S. Immigration Law including U.S. citizenship law, obtaining travel permits and visas, U.S. Business Law, the Recognition and Enforcement of German Judgments in the US and Enforcement of U.S. Judgments in Germany.

We provide legal Expert Witness services, legal translation services and notary services.

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Frequently Asked Questions

Is surrogacy legal in Germany?

No. Surrogacy is prohibited in Germany. However, German courts may recognize parentage orders from U.S. courts under certain conditions.

Will a U.S. birth certificate be accepted in Germany?

Not automatically. The BGH has ruled that U.S. judgments can be recognized, but the process must be initiated and supported with legal representation.

Does my child automatically receive German citizenship?

Yes, usually. Through descent from a German parent, the child often has dual nationality (U.S. and German) from birth.

Do I always need a stepchild adoption?

Not always. The genetic father is typically recognized directly. For the second parent, adoption is often necessary to achieve equal recognition.

Plan Ahead. Protect Your Child’s Future.

Surrogacy in the U.S. offers German couples a real chance to become parents. But without early preparation, returning home can mean months of legal uncertainty.

With professional guidance in both countries, you can:

- Avoid delays in passport issuance

- Secure full custody and parental rights

- Clarify citizenship and inheritance issues from the start

- Ensure recognition of both parents in Germany

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Why Work With Us?

- Dual-licensed attorney in Germany and the United States

- Offices in Michigan and Dresden Radebeul

- Decades of experience in international family law

- Trusted advisor for German parents pursuing surrogacy abroad

Contact Us Today

U.S. Office: +1 (989) 687-5255

Germany Office: +49 (351) 45409911

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What Our Clients Say

We were overwhelmed by the international legal complexities of our surrogacy journey involving a surrogate in Texas and intended parents in Germany. The German American Law Center reviewed all our contracts and handled the German parentage proceedings flawlessly. We would not have succeeded without their precision and professionalism.

Johanna & Lars, Berlin, Germany

Navigating U.S. citizenship for our child born via surrogacy felt intimidating, but this team made it easy. They secured a court-ordered parentage ruling and worked directly with the passport agency to get our child’s U.S. passport issued. Their knowledge and expertise in cross border parentage and passport issues was unmatched.

David & Paul, Germany

As a US based surrogacy agency, we rely on the German American Law Center to draft contracts that protect all parties. They understand the legal nuances in Germany, Austria, Canada, and Michigan in the U.S., and always deliver airtight, enforceable agreements in the jurisdiction they are enforced.

The German American Law Center helped us obtain German citizenship and a German passport for our son born in the U.S. via surrogacy. Their knowledge of German family law and parentage recognition was extraordinary. Highly recommended for binational families.