A child can obtain information about the reproductive identity of his Sperm donor request. The claim is based on the principle of good faith. That was decided by the Federal Court of Justice (BGH). In the present case, woman had undergone fertility treatment in an East German reproductive clinic during the GDR era using sperm donation. The clinic had contractually guaranteed the sperm donor anonymity under GDR law. The girl, who was born in 1990 after successful treatment, learned of its artificial production and in 2013 asked the reproductive clinic for information on the person of her biological father. The clinic contacted the sperm donor who forbade her to reveal his identity. The girl's parents released the clinic from medical confidentiality.
The young woman sued the local court for information about the identity of her biological father. However, the court dismissed the suit and the appeal was unsuccessful. The BGH, however, considers an appeal to be justified. The right of child to know his or her own parentage is different from that in Art. 2 Para. 1 in conjunction with Art. 1 para. 1 GG includes guaranteed general personal rights and enjoys constitutional protection. According to Art. 232 § 1 Introductory Act to the BGB, the law of the former GDR remains authoritative for the contractual relationship that arose before the GDR acceded to the FRG. The interpretation and application of civil law in the GDR must accordingly be carried out taking into account legal practice in the former GDR. However, the legal relationships concluded afterwards are also suitable to form the basis for the plaintiff's right to information about the identity of the sperm donor based on good faith. Because this principle of good faith laid down in Section 242 of the German Civil Code is immanent as legal rule in all legal systems, so that the legal institutions derived from it are also applicable to contracts that were concluded prior to accession. Whether it is reasonable for the attending physician to provide information about the identity of the sperm donor to child conceived by means of heterologous insemination must be decided on case-by-case basis. In doing so, the legal, in particular fundamental rights issues affected by the information should be carefully weighed up. In the context of this weighing of fundamental rights, it should be taken into account that the child's right to information serves to obtain information that could be of elementary importance for his or her personality development.
BGH, judgment of 23 January 2019, Ref .: XII ZR 71/18 Attorney Barbara Berner