A child born on the territory of Ukraine of Ukrainian surrogate mother has no right to German passport, despite the fact that both genetic parents are German citizens. Such a decision was made on Monday, September 10, 2012 by the Administrative Court of Berlin, AFP reports.

In March 2012, a German couple, 53-year-old wife and 44-year-old husband decided to use services of Ukrainian surrogate mother, who carried the child conceived by them. But after the birth German embassy in Kiev refused to give the child a passport, citing the child had no German citizenship.

Such court decision was made due to differences in the laws of Germany and Ukraine, says EPD agency. In Germany surrogate motherhood is completely forbidden. Under German law, the mother is only the woman who gave birth to the child, not the genetic mother, that is, in this case – is a Ukrainian surrogate mother. The father is considered to be the mother’s husband, the husband of the Ukrainian woman.

Ukrainian legislation, on the contrary, allows surrogacy and recognizes the concept of genetic relationship. Thus, parents, under Ukrainian law, are the Germans.
As decided by the court, giving the German passport the child would contradict “the basic principles of German law.” German parents have a right to appeal to the Supreme Administrative Court of Berlin-Brandenburg.