This petition addresses especially all women in the reproductive age who lost their uterus due to cancer, were born without it (Mayer-Rokitansky-Küster-Hauser-Syndrome) or are physically not able to carry a child due to any other medical reason. Furthermore, women who cannot produce or use their own eggs as well as same-sex couples who want to have children are adressed.
Due to the 27 years ago released Embryo Protection Act whosever ''transfers to a woman an unfertilized egg cell collected from another woman'', '' undertakes to fertilize artificially an egg cell for any purpose other than bringing about a pregnancy in the woman from whom the egg cell was collected'' or '' undertakes, by gamete intrafallopian transfer, to fertilize more than three egg cells within one treatment cycle'' shall be punished ''with up to three years imprisonment or a fine''. This is a law made in the stone ages of reproduction medicine is not in line with today`s innovations and standards of science. Our European neighbors (inter alia Austria, the Netherlands, Czech Republic) realized this already long ago.
Therefore, we demand that the Embryo Protection Act is adjusted to present times to not live 30 years in the past. Egg donation and non-commercial surrogacy should be legalized to make it possible to use the medical options in Germany.
Egg donation and non-commercial surrogacy are allowed in several EU countries, which makes it possible to use the options that reproductive medicine offers to start a family. Unlike in Germany, a country where a 5-day old, embryo outside of the uterus is protected more than an embryo who is already growing in the mother's womb. A country, which allows sperm donation and embryo adoption but where egg cell donation is prohibited. Is that Germany's understanding of equal rights and self-determined decision-making?
As a woman, born without a uterus, it is already a tough challenge to get information about the function of your reproductive organs. German gynecologists have the opinion that it is not important, if the tubes work properly as long as there are no ailments.
In Germany the same goes for Social Freezing, the freezing of own egg cells due to the absence of a partner or due to carrier considerations. Also here women without an uterus get confusing statements about the legality. In reference to the Embryo Protection Act it is not explicitly prohibited to remove egg cells as long as they can be returned to the same woman. Exactly this is at the moment not possible for people with the aforementioned conditions. With regard to the latest medical progress in the area of uterus transplantation it can be hoped that this is a realistic possibility in the future. Where is the difference now between a woman freezing her eggs due to carrier considerations or due to eventual medical and legal progress?
5 years ago, one got from all consulted doctors the statement that a uterus transplantation will never be possible. Now they have been performed successfully already several times in i. a. Sweden and Germany (Tübingen). Healthy children result!
Social Freezing is for us women without a uterus under the restriction of uterus transplantation possible, but the frozen eggs are not allowed to be transported abroad. In short: in accordance with German law it is not immoral to perform a 6-hour, risky operation on 2 healthy women BUT if the same woman, who is willing to donate her uterus also would be willing to carry the child this would be illegal. At this point we would ask you to rethink if it is really rational to force women on this way to be able to have a child in Germany legally OR if it would be better to follow the example of the Netherlands, Greece, Denmark, Ireland or Great Britain and to legalize non-commercial surrogacy.
The costs of the freezing of eggs or embryos are not paid by the health insurance! Unlike as for women who undergo artificial insemination in the context of ICSI or IVF treatment. For those women the health insurance pays 50% of the costs. Thus, all costs of the treatment for women with aforementioned conditions would be paid privately! The government should stay out of these private issues and every woman / every man should be able to decide for herself/himself which way she wants to go.
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Adjustment of the Embryo Protection Act from the 13. December 1990 in order to open the way to the possibilities of reproductive medicine and to keep up with the reproduction medicine of our neighboring countries!
Improper use of reproduction technology §1
transfers to a woman an unfertilised egg cell collected from another woman,
undertakes to fertilise artificially an egg cell for any purpose other than bringing about a pregnancy in the woman from whom the egg cell was collected,
undertakes, within one treatment cycle, to transfer more than three embryos to a woman,
undertakes, by gamete intrafallopian transfer, to fertilise more than three egg cells within one treatment cycle,
undertakes to fertilise more egg cells from a woman than may be transferred to her within one treatment cycle,
removes an embryo from a woman before its implantation in the uterus is completed, in order to transfer it to another woman or to use it for a purpose other than its preservation, or
undertakes to carry out an artificial fertilisation of a woman who is prepared to give up her child permanently after birth to third parties (surrogate mother) or to transfer a human embryo to her. shall be punished with up to three years' imprisonment or a fine.
(2) Likewise anyone shall be punished who
brings about artificially the penetration of a human egg cell by a human sperm cell, or
inserts a human sperm cell into a human egg cell artificially, without intending to bring about a pregnancy in the woman from whom the egg cell was collected.
In the cases of subsection 1, numbers 1, 2 and 6, the woman from whom the egg cell or embryo was collected, and likewise the woman to whom the egg cell or embryo will be transferred, and
in the cases of subsection 1, number 7, the surrogate mother and likewise the person who wishes to permanently take care of the child, shall not be liable to punishment.
(4) In the cases of subsection 1, number 6, and subsection 2, any attempt shall be punishable.