Advocates for the modernization of German family law argue that the current prohibition on surrogacy is an archaic barrier that unfairly penalizes couples who wish to start a family. By forcing citizens to seek reproductive services in other countries, the state creates unnecessary legal hurdles and financial burdens for parents. Supporters emphasize that the primary goal of family policy should be to ensure the well-being and legal security of children, regardless of how they were conceived.
From this perspective, the legal recognition of children born through surrogacy is a matter of fundamental human rights. When parents return to Germany, the lack of clear legal pathways can leave children in a state of uncertainty regarding their citizenship, inheritance, and parental protections. Proponents argue that the state has a duty to adapt its legal framework to recognize the reality of these families, rather than clinging to restrictive policies that no longer align with societal values.
Furthermore, supporters suggest that a regulated, legal framework within Germany would be safer than the current system. By allowing controlled access to surrogacy, the government could implement strict ethical guidelines to prevent exploitation and ensure that all parties involved are protected by law. This approach would replace the current 'shadow' market with a transparent system that respects the autonomy of individuals while maintaining high ethical standards for reproductive medicine.