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Legal

Legal situation in Germany

Artificial insemination

Since the first successful IVF treatment was completed with the birth of Louise Brown in the UK in 1978, the debate about the pros and cons of IVF treatments has continued. In the 1980s, politicians in Germany tried to find a consensus and a regulation for dealing with emerging human life. The result of these efforts was the Embryo Protection Act, which came into force on 01.01.1991. This law regulates who may handle embryos, for what purpose and how. Egg donation, surrogate motherhood and cryopreservation of embryos (but not of cells and tissue) are prohibited. Experiments with embryos are strictly prohibited. Furthermore, in vitro fertilisation may only be performed by specially trained doctors.



Embryo Protection Act (ESchG)


The following regulations can be derived from the Embryo Protection Act:


  • Embryos may only be created for the purpose of pregnancy.


  • Research on embryos is prohibited.


  • Embryo trade is prohibited.


  • Embryo cloning is prohibited.


  • Sex selection in the embryo is prohibited.


  • A maximum of three embryos may be transferred into the uterus.


With TFP you can be sure: All fertilised eggs are only transferred into the uterus or into the fallopian tubes of the mother. We handle all other eggs and sperm responsibly and in accordance with the law. Our training complies with the requirements described in the law. Furthermore, your personal data is subject to data protection. So you are in the best hands with us - nothing will happen that you don't want. We guarantee that.



Legal requirements


The requirements for carrying out in vitro fertilisation are largely prescribed by law: On the one hand, they are regulated by the Embryo Protection Act (ESchG) and on the other hand by § 27a of the V. Social Code. The latter refers to the requirements of artificial insemination for couples with statutory health insurance.



European Transplantation Act


According to the guidelines of the Federal Committee of Doctors and Health Insurers on medical measures for artificial insemination ("Guidelines on Artificial Insemination") of 6 February 2008, we are obliged under § 12.1 to test both spouses for HIV antibodies and the woman for HBsAg (hepatitis B marker) before starting treatment. The examination results are a prerequisite for starting treatment.


The costs for these examinations are charged at a 50% co-payment for patients covered by health insurance and according to the scale of fees for physicians (GOÄ) for self-payers and private patients. You can find more information on costs and cost coverage here.


Due to a new EU directive (Directive 2004/23/EC) and its transposition regulations into German law, we are also obliged to test both partners for HIV antibodies, hepatitis B antigen, hepatitis B core antigen and hepatitis C antibodies a maximum of seven days before the tissue collection. This also applies to sperm donation and egg collection.



Billing for prescribed examinations outside the EBM


As these legally prescribed examinations have not yet been included in the catalogue of services provided by the statutory health insurance funds (EBM), we have to charge you for them privately (according to GOÄ) (72.28 € per patient / 144.56 € per couple). The additional services will be included in the total bill. The invoice will be prepared according to the German Medical Fee Schedule (GOÄ) in the currently valid version. We recommend that you submit the invoice to your health insurance company.


We regret these additional circumstances that arise for you from this guideline, but we are forced to follow these guidelines.

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