Annotation

This article addresses the legal dimensions of postmortem fertilization in Germany. It examines the Embryo Protection Act of 1990 alongside case law from the Higher Regional Court of Munich (2017), the Higher Regional Court of Hamburg (2021), and the Regional Court of Frankfurt am Main (2025), highlighting tensions between the criminal prohibition and the exercise of reproductive autonomy by spouses. Special attention is given to the rights of children born through postmortem fertilization and to the deceased’s lifetime consent as a decisive criterion for the release of cryopreserved material. The civil law implications are analyzed through § 823 ч. 2 of the German Civil Code and the concept of a “protective statute” (Schutzgesetz), while the cross-border dimension is explored with reference to lex shopping in jurisdictions with more liberal regulation. The article concludes that Germany requires a new reproductive medicine law capable of balancing embryo protection, children’s rights, and reproductive freedom.