This page covers Germany, Austria, and Switzerland.
Anyone who wants to become pregnant with donor sperm will quickly find two very different routes: a sperm bank with treatment at a fertility practice, or a private sperm donation, usually by the cup method or at home insemination. Single women, female couples, and heterosexual couples all face this choice alike.
The differences are serious, legally as well as medically, and some consequences only show up years later. With a private donation in Germany, the statutory protection that shields a sperm bank donor from having paternity established does not apply. The legally required infection tests with quarantine are missing, and the child cannot find the donor through the sperm donor registry.
This page explains in plain terms what is behind the cup method and at home insemination, what legal consequences apply in Germany, Austria, and Switzerland, which tests are missing with a private donation, and what the route through a sperm bank and clinic looks like. All figures and legal statements are supported by sources (as of October 2026). This does not replace legal advice in an individual case.
At a glance
- Germany: A private donor can be established as the father, with a duty to pay child support and the child’s inheritance rights. The protection under § 1600d(4) of the German Civil Code (BGB) applies only to medically supported fertilization in a practice or clinic with sperm from a sperm bank.
- Austria: The private donor is protected only if the mother’s spouse or registered partner consented to the private fertilization (§ 148(5) of the Austrian Civil Code, ABGB).
- Switzerland: A paternity action against a private donor is permitted (Art. 23(2) of the Swiss Federal Act on Medically Assisted Reproduction, Fortpflanzungsmedizingesetz, FMedG).
- Health: Mandatory tests and 180 days of quarantine exist only at sperm banks. Private test results are snapshots.
- Chances of success: There are no reliable studies with success rates for private at home insemination with fresh sperm.
- Fertilio does not arrange donor sperm or sperm donors.
What is a private sperm donation?
A private sperm donation is one where the sperm is not provided through a sperm bank (in the law: a collection facility) but passed directly between the donor and the recipient. Donor and recipient arrange everything themselves: contact, agreements, tests, timing, and the insemination.
Several terms come up in practice:
- Cup method (also called cup donation): The donor ejaculates into a container, and the woman places it into her vagina herself.
- At home insemination (also self-insemination): the umbrella term for insemination at home without a doctor. It usually means the same as the cup method, sometimes with special applicators or kits.
- Donation through intercourse: Some contacts end up there. Legally and medically, this is not a sperm donation in the medical sense.
Different from this is a known donor who donates through a sperm bank. In that case, he goes through tests and quarantine, treatment takes place in a practice, and the legal situation is different (more in the section Known or exclusive donor through a sperm bank).
Fertilio does not arrange donor sperm or sperm donors and does not link to donor matching sites. This page provides information on the legal situation, risks, and alternatives.
Sperm bank vs. private donor at a glance
Both routes can lead to a pregnancy. Legally and medically, however, they differ fundamentally. The most important differences for Germany:
| Aspect | Sperm bank and practice | Private donor |
|---|---|---|
| Infection tests | Mandatory: HIV 1 and 2, hepatitis B and C, syphilis, chlamydia; 180 days of quarantine with a repeat test (Tissue Ordinance, TPG-GewV) | No requirement, no quarantine |
| Legal security | Donor cannot be established as the father (§ 1600d(4) BGB) | Donor can be established as the father |
| Costs | Sperm sample according to familienplanung.de €700 to over €1,000, shipping €150 to over €300, plus the treatment | No fixed prices; tests, supplies, possible legal and follow-up costs |
| Origin information for the child | Child has a right to information through the sperm donor registry at the Federal Institute for Drugs and Medical Devices (BfArM) | No registry entry possible, knowledge depends on private records |
| Quality control | Minimum values for sperm concentration and motility (guideline of the Working Group for Donor Insemination, AKDI) | No standardized controls |
| Process | Through the practice: donor selection about one to four weeks according to bank information, then shipping to the practice, at several banks about two to three weeks | Depends on arrangements with a single person |
| Donor’s duty to pay child support | Excluded, because establishing paternity is not possible | Possible once paternity is established |
| Inheritance rights between child and donor | Excluded, because establishing paternity is not possible | Exist once paternity is established |
| Number of half-siblings | Recommendation of the Working Group for Donor Insemination: maximum of 15 families per donor (voluntary); foreign sperm banks set their own limits, for example 25 or 75 families worldwide | No limit and no oversight |
The cost advantage of private donations therefore comes with a loss of legal protection and medical oversight. If that security matters to you, the route through a sperm bank and fertility practice usually fits better. You will find the details on each point in the following sections.

Cup method: what it means and what you need to know
The cup method is the most common form in which private sperm donations are described. It seems simple and discreet. From a legal and medical point of view, however, it has clear weaknesses.
How the cup method is described
The term stands for a simple process: The donor ejaculates into a clean container and hands it to the recipient, and she places the semen in her vagina herself shortly afterward, usually with a needleless syringe or an applicator. The woman chooses the timing based on her own cycle observations, around the expected ovulation.
The German Federal Court of Justice (Bundesgerichtshof, BGH) decided exactly this situation in 2013: an insemination “performed by the mother herself with the plaintiff’s seminal fluid, which he had handed to her in a container” (BGH, XII ZR 49/11). We deliberately do not publish step-by-step instructions. For details from forums on at home insemination, such as how long you should stay lying down afterward, we found no studies.
To observe their cycles at home, women mostly use:
- ovulation tests from a pharmacy or drugstore
- measuring basal body temperature
- observing cervical mucus
- fertility tracking devices or apps
In a fertility practice, by contrast, the cycle can be monitored with ultrasound and hormone levels, and ovulation can be triggered if needed. At home, only self-observation is possible.
Hygiene and infections
With the cup method there are two different sources of infection:
Infections from the semen itself. This is the larger risk. Semen can contain sexually transmitted pathogens, such as HIV, hepatitis B and C, syphilis, chlamydia, or gonococci (gonorrhea). This is exactly what sperm bank donors are tested for, and their sperm is frozen for 180 days before a second test releases it. With a private donation, this safeguard is missing; more in the section Health risks and tests.
Germs from handling. Containers, syringes, or applicators that are not sterile or are used more than once can introduce additional germs. We found no reliable figures on how often private inseminations lead to infections. Typical sources of error are:
- reusing cups or syringes
- non-sterile household items
- touching the inside of the container or applicator
- semen that sits for a long time before it is inserted
Hygiene does not change the risk that comes from the semen itself. A clean cup does not protect against an infection the donor has.
Legal consequences of the cup method
Legally, the cup method is the core of the problem. In Germany, the legislature expressly excluded it from the donor’s protection. The explanatory memorandum to the Sperm Donor Registry Act (Samenspenderregistergesetz, SaRegG) states: “Cases of assisted reproduction without a doctor’s assistance (in particular by means of the so-called cup donation) are therefore not covered by the exemption.” (Bundestag Printed Paper 18/11291, p. 35)
This means:
- The private donor can be established as the legal father, even years later and regardless of what was agreed beforehand.
- If he is established, he owes child support, and the child has statutory inheritance rights.
- Conversely, the donor himself can try to contest another man’s paternity (BGH, XII ZR 49/11).
In Austria and Switzerland the consequences are similar, with differences in the details. All of this is covered in the section Legal consequences.
How the cup method differs medically from IUI
With the cup method, the untreated semen ends up in the vagina, similar to intercourse. In an intrauterine insemination (IUI) at a practice, prepared sperm is placed directly into the uterus with a thin catheter, at a time determined by the doctor.
The most important differences:
- Timing: at home by self-observation, at the practice by ultrasound and hormone levels, with ovulation triggered if needed
- Place of insemination: vagina or at the opening of the cervix instead of the uterine cavity
- Sperm: untreated and untested instead of prepared, tested, and meeting a minimum quality
- Work-up: none at home; at the practice, for example, ovulation and the fallopian tubes are examined
Whether these differences lead to lower chances with a private donation using fresh sperm, and by how much, has not been studied. What studies exist is covered in the next section.
Chances of success: what studies show and what they do not
You often read fixed percentages for the cup method, such as “5 to 8 percent per cycle.” There is no primary source for such figures. The research situation looks like this:
- There are no studies with success rates for private at home insemination with fresh sperm. In our search of the PubMed literature database (October 2026), we found only qualitative studies, such as an interview study with eleven participants (Fyfe 2025), without success rates.
- Cervical insemination versus IUI in the clinic: In a randomized trial of 421 women at fertility clinics in the Netherlands and Belgium (Kop 2022), frozen donor sperm was placed in the natural cycle either at the cervix (ICI, performed at fertility clinics; technically similar to at home insemination, but not the same) or in the uterus (IUI), with allocation to six cycles. A pregnancy within eight months that led to a live birth occurred in 24% of the ICI group and 39% of the IUI group. On average, the cervical method performed about one third worse (relative risk 0.63; 95% confidence interval 0.47 to 0.84).
- At home insemination with sperm bank sperm: A small, old study (Hogerzeil 1988) compared insemination at home by the partner after instruction, using frozen donor sperm, with insemination in the clinic. In the first six cycles, 13 of 29 women in the home group and 11 of 24 in the clinic group became pregnant, with no statistically measurable difference. This cannot be transferred to a private donation with untested fresh sperm.
- Review: A 2018 Cochrane review found insufficient evidence to establish a clear difference in the live birth rate between IUI and cervical insemination. The randomized trial by Kop 2022 was published afterward.
For comparison, here are the figures from the clinic: According to the German IVF Registry (Deutsches IVF-Register, D.I.R.), IUI with donor sperm led to a clinical pregnancy in 16.0% of inseminations in 2024. The live birth rate in 2023 was 14.2% per insemination. These are averages, not a promise for an individual case.
At home insemination
What at home insemination means
At home insemination means that sperm is placed into the woman’s body at home without a doctor. The term is used in two senses:
- Private at home insemination: with sperm from a private donor, so at its core the cup method, sometimes with special applicators.
- Assisted at home insemination: with sperm bank sperm that is placed at home. A few banks abroad offer this, but only with the involvement of health care personnel (see below).
In both cases, fertilization does not take place in a practice or clinic. In Germany, this has an important legal consequence that many people do not know.
Difference from medical IUI
| Point | At home insemination | IUI at a practice |
|---|---|---|
| Where is the sperm placed? | into the vagina or at the opening of the cervix | into the uterine cavity with a catheter |
| Sperm preparation | none | sperm is prepared in the lab |
| Timing | self-observation | ultrasound, hormone levels, triggering if needed |
| Preliminary work-up | none | examination of cycle, fallopian tubes, and uterus possible |
| Legal protection of the donor (DE) | no | yes, with sperm from a sperm bank |
| Entry in the sperm donor registry | no | yes, with sperm from a sperm bank |
You can read more about how a medical IUI works in our article on IUI treatment.
At home insemination kits are medical devices
At home insemination kits are offered online, with applicators, containers, or caps for the cervix. Under the European Medical Device Regulation, “products for contraception or for supporting conception” expressly count as medical devices (Regulation (EU) 2017/745, Art. 2 no. 1). Kits that are meant to support conception are therefore subject to the requirements of this regulation.
We deliberately name no brands and no sources for purchasing them. Two points matter:
- A kit does not change the legal consequences. Whether with a cup, syringe, or kit: It remains an insemination without a doctor.
- A kit does not change the infection risk from untested sperm. We found no study supporting the claim that kits bring better results than the simple cup method.
Donor sperm from a sperm bank delivered to your home?
Many people ask whether you can simply order sperm bank sperm to your home. For Germany, the answer is clear: A German sperm bank may release donor sperm only to a medical care facility, meaning a practice or clinic under medical direction (§ 3(1) SaRegG). A violation can be punished with a fine of up to €30,000 (§ 12(2) SaRegG). A German sperm bank states accordingly in its terms and conditions: “Shipping to private individuals is not possible for legal reasons.”
Foreign sperm banks are not directly subject to this German provision. The three Danish sperm banks that demonstrably supply clinics in Germany and Austria, however, also state that they do not ship directly to private individuals:
- One bank offers “assisted at home insemination” on its German-language site. According to the provider, delivery to a home takes place only if the person placing the order is a health care professional who has set up a professional account and verified their license. The provider itself points out that it is the customer’s responsibility to check national laws.
- A second bank delivers only to licensed clinics or registered health care professionals and offers assisted at home insemination only within Denmark.
- A third bank delivers exclusively to licensed clinics with which it formally cooperates.
In Switzerland, donated sperm cells may be passed on only to persons who hold a permit for reproductive procedures (Art. 20(1) FMedG). The National Ethics Commission notes that sperm banks that arrange donor sperm for private individuals in Switzerland are acting unlawfully (NEK 2019). In Austria, donors may give their sperm for medically assisted reproduction only to an authorized hospital, always the same one (§ 11 and § 14(1) of the Austrian Reproductive Medicine Act, Fortpflanzungsmedizingesetz, also abbreviated FMedG).
Legal consequence: § 1600d(4) BGB does not apply
Even if the sperm comes from a sperm bank, § 1600d(4) BGB, by its wording, protects the donor only if the child was conceived “by assisted reproduction with medical support in a medical care facility.” An insemination at home is not that, even if health care personnel delivered or guided it. As a result, with any at home insemination, the basis for excluding the establishment of paternity is missing.
In addition: The sperm donor registry records only children conceived through assisted reproduction with medical support (§ 1(2) SaRegG). With at home insemination, there is therefore no registry entry through which the child can later learn the donor’s identity.
Who may perform insemination in Germany?
The Embryo Protection Act (Embryonenschutzgesetz, ESchG) reserves assisted reproduction for physicians (§ 9 no. 1 ESchG). Anyone who performs assisted reproduction without being a physician commits a criminal offense (§ 11(1) ESchG). The only people expressly exempt are “the woman who performs an artificial insemination on herself and the man whose sperm is used for an artificial insemination” (§ 11(2) ESchG).
By its wording, a third person, such as a partner who performs the insemination on the woman, is not exempt. We found no case law on this question. If you are unsure, you should have this clarified legally beforehand.

Finding a sperm donor: what is risky with donor sites and private contacts
“Finding a sperm donor” or “looking for a sperm donor” can mean two things: choosing a donor at a sperm bank or searching for a private donor. Legally and medically, these are completely different things.
Choosing a donor through a sperm bank
With a sperm bank, you usually choose the donor together with your practice. Some banks send profiles or lists of suggestions; others deliberately recommend without a catalog. For donor selection, German sperm banks state on their websites about one to four weeks for donor selection and, at several banks, around two to three weeks afterward for shipping to the practice. Important for Germany: With sperm from abroad, the German practice must make sure that the foreign sperm bank transmits the donor data to BfArM on request (§ 5(1) sentence 2 SaRegG). That is why only so-called ID-release donors are an option in Germany.
You can find an overview of sperm banks in Germany, Austria, and Switzerland with prices from public price lists under Sperm banks.
How private contacts come about
Private contacts mostly come about through online platforms, forums, and groups on social networks, or in your personal circle, such as friends, acquaintances, or family members. We do not link to any of these platforms. Many conversations fizzle out because expectations do not match, for example about the donor’s role in the child’s life.
The typical risks with donor sites and private contacts
Information that cannot be verified. You cannot independently check whether name, age, health information, family history, or test results are accurate. A test presented to you is at best a snapshot. The quarantine with a second test that is required at sperm banks is missing.
Unknown number of half-siblings. There is no upper limit for private donors and nobody who records the number of children. For comparison: In Germany, the Working Group for Donor Insemination recommends a maximum of 15 families per sperm donor, voluntary and not required by law. Foreign sperm banks that supply German practices set their own limits, for example 25 or 75 families worldwide. In Austria, a donor may be used for at most three marriages, registered partnerships, or cohabiting partnerships (§ 14(2) FMedG), in Switzerland for at most eight children (Art. 22(2) FMedG).
No registry for the child. With a private donation, the child has no right to information from the sperm donor registry. Whether the child later knows the donor depends solely on private agreements and records.
Legal consequences. The donor can be established as the father, with child support and inheritance rights. Conversely, he can himself try to contest another man’s paternity. This applies regardless of what was agreed.
Offers of intercourse. Some contacts push for “natural” conception. Then the full infection risk of unprotected intercourse applies, there is certainly no protection of the donor from paternity, and the emotional situation often becomes more difficult. We found no reliable evidence for the higher success rate that is often claimed.
Sensitive data. When searching, you share health data, your wish to have a baby, and cycle data with people you do not know.
Pressure and expectations. Different ideas about contact, role, and say in decisions often only emerge after the birth.
Agreements and contracts
Many private donors and recipients make written agreements. Typical contents are:
- waiver of paternity rights by the donor
- release from child support
- coverage of costs for examinations
- arrangements about contact and the donor’s role
- confidentiality clauses
The legal reality is sobering: A private donor cannot effectively exclude his paternity. An agreement does not prevent a court from establishing paternity, and the child’s future child support cannot be waived (§ 1614(1) BGB). German family law cannot be circumvented by private contracts on this point. An agreement can document intentions, but it protects neither the donor nor the mother from the legal consequences.
If the donor is meant to become the legal father deliberately, for example in a planned co-parenting arrangement, this is possible through an acknowledgment of paternity, even before the birth (§ 1594(4) BGB). This too belongs in a consultation with a lawyer beforehand.
Warning signs with private donors
If you are considering a private donation despite the risks, these points are warning signs:
Health:
- The donor refuses current tests or presents only old results.
- There are known infections or hereditary conditions in his family.
- Signs of drug or alcohol abuse.
Law and arrangements:
- The donor does not want to get advice.
- He promises that a contract will exclude him as the father. That is not legally sustainable.
- Pressure to make a quick decision.
- Unclear ideas about future contact with the child.
Personal matters:
- The partner is against the private donation.
- There are already emotional entanglements.
- The donor pushes for intercourse instead of a donation.
Known or exclusive donor through a sperm bank
If you want a donor from your circle of friends or family, Germany offers an alternative to a private donation: The known donor donates at a sperm bank, and treatment takes place in a practice. A few German sperm banks offer to accept a known donor whom couples or women bring themselves. Some call this an exclusive donation or exclusive donor: The known donor then donates only for this one woman or this one couple. The legal consequences are those described in this section. One bank states in its price list about €1,400 for analyses, freezing, and storage and €150 per delivery, plus transport.
In that case, the same mandatory tests and the same 180-day quarantine apply to the donor as to other donors, and the child is recorded in the sperm donor registry. By the wording of § 1600d(4) BGB, protection from the establishment of paternity also applies, because the sperm is provided through a collection facility and used in a practice. However, a sperm bank that offers exclusive donations itself writes that it is “not yet conclusively clarified” whether it is also ruled out here that the donor is established as the father. Get advice on this beforehand.
Foreign sperm banks sometimes use the word “exclusive” for something else: A donor from their own stock is used for only one or a few families worldwide, for an extra charge. That is not a known donor.
If, on the other hand, you bring fresh sperm from a private donor to a practice, the situation is less certain: The fertilization is then medically supported, but § 1600d(4) BGB additionally requires that the sperm come from a collection facility within the meaning of the Sperm Donor Registry Act, with the associated duties regarding information, tests, and registry reporting. Whether this is met should be clarified beforehand with the practice and with a lawyer.
In Austria, § 148(4) ABGB protects the third party whose sperm is used for medically assisted reproduction. According to the law, a third party is someone who gives his sperm to a hospital authorized for medically assisted reproduction with the intention of not being established as the father himself (§ 148(4) ABGB). The wording does not say whether the donor is unknown or known. If a known donor wants to be the father himself, the protection does not apply by its wording. Whether a center accepts a known donor is the center’s decision.
Legal consequences in Germany, Austria, and Switzerland
The legal consequences are the most important difference between a private donation and a sperm bank. They affect everyone involved: the donor, the mother, her partner, and above all the child.
Germany: who is the legal father?
In Germany, the mother is the woman who gave birth to the child (§ 1591 BGB). Under § 1592 BGB, the legal father is the man who is married to the mother at the time of birth, the man who has acknowledged paternity, or the man whose paternity has been established by a court.
A private donor is therefore not automatically the legal father. If there is no other legal father, however, for example with a single woman or a female couple, paternity must be established by a court (§ 1600d(1) BGB). This can happen years after the birth, regardless of what the donor signed beforehand.
The protection under § 1600d(4) BGB exists only if both conditions are met: assisted reproduction with medical support in a practice or clinic, and sperm that the donor made available to a collection facility, that is, a sperm bank. The cup donation is expressly not covered (Bundestag Printed Paper 18/11291, p. 35).
Legal consequences of establishing paternity:
- The donor becomes liable for child support.
- The child has statutory inheritance rights.
- Custody and visitation follow the general rules.
- Establishment can also happen against the donor’s will.
The legal effects of paternity can be asserted only from the time it is established (§ 1600d(5) BGB), but then in part also apply to the past, as the example on child support shows.
Child support: also retroactively
Future child support cannot be waived: “For the future, support cannot be waived.” (§ 1614(1) BGB) A waiver of child support in the donor contract is therefore ineffective in this respect.
Child support can also be demanded retroactively for as long as the child was prevented “for legal reasons” from asserting it (§ 1613(2) no. 2a BGB). That is the case before paternity is established. For unreasonable hardship, § 1613(3) BGB provides a hardship clause.
A hypothetical example shows what this can mean: A 25-year-old student privately donates sperm to a woman he knows. Five years later, his paternity is established by a court, and child support is demanded, also retroactively for the time since the birth. Over several years, a considerable sum can add up.
Partners can also become liable for child support: In 2015, the BGH ruled that an unmarried man who consented to a third party’s sperm donation to his partner has a duty toward the child “to provide for the child’s support like a legal father” (BGH, XII ZR 99/14).
Inheritance rights, custody, and visitation
If the private donor is established as the father, the child has statutory inheritance rights with respect to him, as with any other father. Conversely, the donor also acquires a father’s rights, for example regarding visitation. How custody and visitation are regulated in an individual case follows the general rules of family law.
Contesting paternity under § 1600 BGB in its new version
Since April 1, 2026, § 1600 BGB has applied in a new version. It is based on the Act Implementing the Judgment of the Federal Constitutional Court (Bundesverfassungsgericht) on Contesting Paternity of March 29, 2026, promulgated on March 31, 2026 (Federal Law Gazette, BGBl. 2026 I No. 83).
Important for sperm donations:
- Consent of the man and the mother: If the child was conceived by assisted reproduction using a third party’s sperm donation with the consent of the man and the mother, neither of them can contest paternity (§ 1600(6) BGB). The child remains entitled to contest it.
- Contesting by the private donor: In 2013, the BGH ruled that a private donor can in principle contest another man’s paternity: “The concept of ‘sexual intercourse’ does not preclude contesting a paternity that arose from a sperm donation.” According to that ruling, his contest is excluded only in a “consensual heterologous insemination” in which “it is clear from the outset that another man is to become the legal father” (BGH, XII ZR 49/11).
- No ban on contesting for donors: In the Bundestag there was a motion for a resolution (Bundestag Printed Paper 21/4324 of February 25, 2026) that wanted to clarify that a sperm donor is not entitled to contest paternity. This motion was rejected. That leaves the BGH’s line in place.
Whether a challenge succeeds in an individual case depends on further requirements of § 1600 BGB. This belongs in a consultation with a lawyer.
No entry in the sperm donor registry
The sperm donor registry at the Federal Institute for Drugs and Medical Devices (BfArM) stores donor data for 110 years (§ 8 SaRegG). Children conceived through a sperm bank donation have a right to information with no minimum age; from age 16, they can assert it only themselves (§ 10(1) SaRegG).
Private donations cannot be registered there. To the question of whether a private sperm donation can be registered, BfArM answers “No,” because the law’s scope “is limited to the heterologous use of sperm in the context of assisted reproduction with medical support.” For the child, this means: Whether the child later knows the donor depends solely on private records.
In 2024, the Federal Ministry of Justice had proposed in a key-points paper to expand the registry into a donor data registry that also records private sperm donations. There is no law on this.
Female couples and single women in Germany
For female couples: German parentage law does not currently provide for joint legal parenthood of two women; the partner becomes a legal parent only through stepchild adoption (Federal Ministry of Justice and Consumer Protection, BMJV). This also applies after treatment with sperm bank sperm. Several proceedings on so-called co-motherhood are pending before the Federal Constitutional Court, based on both official and private sperm donations. No decision had been made as of October 2026. More in the sperm donation guide for female couples.
For single women in Germany, there is no statutory rule that excludes treatment with donor sperm; the use of sperm for single women is permitted (Hesse State Medical Association). Whether a sperm bank or practice treats single women is its own decision. Without a second legal parent, a private donor can always be established as the father. More in the section on sperm donation as a single woman.
Austria
In Austria, access to medically assisted reproduction is regulated more narrowly than in Germany:
- Access: Medically assisted reproduction is permitted only within a marriage, registered partnership, or cohabiting partnership (§ 2(1) FMedG). Single women are excluded. A motion in the National Council aims to change this (496/A); it is not current law.
- Donor: For purposes of medically assisted reproduction, sperm donors may give their sperm only to an authorized hospital, and always the same one (§ 11 and § 14(1) FMedG). A donor may be used for at most three marriages, registered partnerships, or cohabiting partnerships (§ 14(2) FMedG).
- No anonymous donations: The child can inspect the donor data after reaching age 14 (§ 20(2) FMedG).
- Documentation: Clinics keep the data for 30 years, after which it is transferred to the provincial governor, who keeps it permanently (§ 15(3) FMedG).
- No trade, no brokering, no advertising: The transfer of sperm for medically assisted reproduction may not be the subject of a transaction for payment (§ 16(1) FMedG). Brokering of sperm is prohibited, as is any advertising for the transfer or brokering of sperm (§ 16(2) FMedG). Violations of the brokering ban can be punished with a fine of up to €50,000 (§ 22 FMedG).
Private donation in Austria: With a sperm donation through an authorized hospital, the donor cannot be established as the father (§ 148(4) ABGB). With a private donation, the law has protected the donor since January 1, 2024 in only one case: if the person to whom the mother is married or with whom she is in a registered partnership consented to the “non-medically assisted reproduction” (§ 148(5) ABGB). If the mother’s husband or registered partner consented, he is to be established as the father (§ 148(3a) ABGB).
In all other situations, the private donor can still be established as the father, for example with a single woman or a female cohabiting partner who is in neither a marriage nor a registered partnership. Whether a private insemination at home falls under the administrative penalty provision for medically assisted reproduction without a physician (§ 22(1) no. 1 FMedG) is not settled in the primary sources we reviewed. The ABGB expressly distinguishes between medically assisted and non-medically assisted reproduction.
Under § 144(2) ABGB, the mother’s wife or registered partner is the other parent; a cohabiting partner can acknowledge parenthood before or after the birth. A stepchild adoption is not necessary for this in Austria. According to § 144(2) ABGB, however, this applies only if no man is established as the father. With a private donation without the consent of a wife or female registered partner, the donor can still be established as the father. You should therefore have the consequences for the parenthood of a cohabiting partner clarified by a lawyer beforehand.
Switzerland
Switzerland allows sperm donation only for married couples:
- Access: Donated sperm cells may be used only for married couples (Art. 3(3) FMedG), since July 1, 2022 also for married female couples. Unmarried couples and single women have no access. The Federal Council wants to open sperm donation to unmarried couples as well and has commissioned a draft for the consultation procedure by the end of 2026; this has not been decided.
- Permit: Reproductive procedures with donor sperm require a cantonal permit (Art. 8 FMedG). Donated sperm cells may be passed on only to persons with such a permit (Art. 20(1) FMedG).
- No anonymity: The donor data is kept for 80 years at the Federal Office of Civil Registration (Art. 26 FMedG). From age 18, children can request information about the donor’s personal details and physical appearance (Art. 27(1) FMedG).
- Maximum number: A donor’s sperm cells may be used for at most eight children (Art. 22(2) FMedG).
Private donation in Switzerland: A paternity action against the sperm donor is in principle excluded. It is permitted, however, “if the sperm donation knowingly takes place with a person who has no permit for reproductive procedures or for the preservation and brokering of donated sperm cells” (Art. 23(2) FMedG). That is exactly the case with a private donation.
For married female couples, the mother’s wife is automatically considered the other parent only if the child was conceived in accordance with the provisions of the Federal Act on Medically Assisted Reproduction (Art. 255a of the Swiss Civil Code, Zivilgesetzbuch, ZGB). If the child was conceived through a private sperm donation, a stepchild adoption is still necessary, according to the Federal Office of Justice. Whether a private insemination at home requires a permit is not expressly regulated in the primary sources we reviewed.
Private donation compared across countries
| Point | Germany | Austria | Switzerland |
|---|---|---|---|
| Donor protected with a sperm bank donation | yes (§ 1600d(4) BGB) | yes (§ 148(4) ABGB) | yes, action excluded (Art. 23 FMedG) |
| Private donor protected | no, cup donation expressly not covered | only with the consent of the spouse or registered partner (§ 148(5) ABGB) | no, paternity action permitted (Art. 23(2) FMedG) |
| Information for the child | registry at BfArM, only with a sperm bank donation | from age 14, access to the hospital’s records, only with a donation through the clinic | from age 18 at the Federal Office of Civil Registration, only with an FMedG donation |
| Release to private individuals | prohibited for German sperm banks (§ 3 SaRegG) | for medically assisted reproduction only to a hospital (§ 14(1) FMedG) | only to permit holders (Art. 20 FMedG) |
Long-term risks for everyone involved
The legal problems often arise only years later:
For the donor:
- unexpected child support claims, also retroactively
- the child’s inheritance claims after his death, with consequences for his own family
- proceedings about visitation or custody
- social and family conflicts, for example with a later partner
For the mother:
- legal uncertainty regarding custody and visitation
- possible interference by the donor
- problems with a new partnership, marriage, or stepchild adoption
- financial dependencies
For the child:
- no registry entry, knowledge of one’s own origins only through private records
- possible legal disputes about paternity or inheritance
- unknown number of half-siblings
- strain from complicated family relationships
Private contracts cannot rule out these risks.
Health risks and tests
Besides the legal questions, there are tangible health differences. In Germany, sperm banks are subject to statutory testing requirements. None of this applies to private donors.
What sperm banks must test for by law
The Tissue Ordinance under the Transplantation Act (TPG-Gewebeverordnung, TPG-GewV) requires the following for sperm donors in Germany (Annex 4):
- Blood tests: The donor must test negative for HIV 1 and 2, hepatitis C (HCV), hepatitis B (HBV), and syphilis.
- Chlamydia: The urine sample must be negative in the chlamydia test using a nucleic acid amplification test (NAT).
- HTLV-I: Antibody tests must be performed on donors who live in or originate from areas with high prevalence.
- Further tests depending on history: Under certain circumstances, additional tests may be necessary, such as for Rh factor, malaria, cytomegalovirus (CMV), or T. cruzi.
- Quarantine: Donated sperm is stored under quarantine conditions for at least 180 days. After that, the donor is tested again. If the blood was also tested by NAT for HIV, HBV, and HCV, the repeat test can be omitted, but not the 180 days of quarantine.
The quarantine with a second test is meant to catch infections that were not yet detectable at the first test. A single negative test can miss a recent infection.
What the professional standard additionally requires
The guideline of the Working Group for Donor Insemination (AKDI, current version of February 8, 2006) provides for tests at the initial examination for HIV 1 and 2, hepatitis B, hepatitis C, Chlamydia trachomatis, CMV, Treponema pallidum (syphilis), and Neisseria gonorrhoeae (gonorrhea). According to it, donor sperm may be used only after at least 180 days of quarantine, with a follow-up test for HIV, hepatitis B and C, and CMV.
The guideline also sets requirements for sperm quality: a sperm concentration of more than 60 million per milliliter in the donor and more than 5 million progressively motile sperm per insemination dose. For comparison: The 5th percentile, that is, the lower reference value of the World Health Organization, is 16 million per milliliter (WHO laboratory manual 2021). Sperm bank donors are therefore well above the WHO reference value.
The guideline of the German Medical Association (2022 update) requires a personal and family medical history covering three generations. The donor should not be older than 40 years at the time of donation.
Genetics: what is tested and what is not
A common misconception is that all sperm bank donors are tested for hereditary diseases. According to the AKDI guideline, cytogenetic or molecular genetic screening tests are “generally not performed” on donors. The standard is a family history covering three generations; in unclear situations, genetic counseling should be recommended (German Medical Association). Some sperm banks test beyond this voluntarily, for example the chromosomes (karyotype) or carrier status for cystic fibrosis (CFTR).
With a private donor, there is neither a structured medical history nor additional tests unless he arranges them himself. Many men do not know that they are carriers of a hereditary condition. Without a family history and, where appropriate, genetic counseling, this may in the worst case only come to light after the birth of an affected child.
What is missing with a private donation
| Safeguard | Sperm bank | Private donor |
|---|---|---|
| Mandatory tests HIV, HBV, HCV, syphilis, chlamydia | yes (TPG-GewV) | only if voluntary, cannot be verified |
| HTLV-I for origin in high-prevalence areas | yes (TPG-GewV) | no |
| CMV, gonorrhea | professional standard (AKDI) | no |
| 180 days of quarantine with a second test | yes | no, fresh sperm |
| Family history covering three generations | yes (German Medical Association guideline) | no |
| Minimum values for sperm quality | yes (AKDI) | no |
| Documentation for the child | registry, 110 years | none |
| Limit on the number of offspring | AKDI recommendation of 15 families, own limits at foreign banks up to 75 families worldwide | none |
Especially treacherous: Even if a private donor presents a current negative test, the quarantine and repeat test are missing. In addition, time may have passed between the test and the donation.
Missing medical documentation
Private donors usually do not keep a structured health record for the donation:
- no complete family history
- unknown previous illnesses
- no proof of tests at the time of donation
- no follow-up over the years
Sperm banks document the family history over three generations. This information can become important for the child’s health later.
Sperm quality without oversight
Without a semen analysis, nobody knows how good a private donor’s sperm quality is. Possible limitations are a low sperm concentration, poor motility, or a high share of abnormally shaped sperm. A basic semen analysis costs only about €38 to €47 including consultation under the German Fee Schedule for Physicians. If it is missing, it remains unclear whether unsuccessful attempts are due to timing, sperm quality, or other causes.

The route through a sperm bank and clinic
Sperm banks are regulated medical facilities. They need an official license under the Medicinal Products Act (Arzneimittelgesetz) and are tissue establishments within the meaning of the Transplantation Act. The process is standardized, which creates security for everyone involved.
Choosing donors
The criteria for donors are strict:
Preliminary medical examination:
- personal and family medical history covering three generations (German Medical Association guideline)
- infection tests under the TPG Tissue Ordinance, with CMV and gonorrhea added under the professional standard
- semen analysis with minimum values (AKDI)
- genetic tests only at some banks, not a general guideline standard
Personal criteria:
- Age: no older than 40 at the time of donation according to the German Medical Association; some banks state their own age ranges
- physical and mental health
- informing the donor about the sperm donor registry and that he cannot be established as the father (§ 2 SaRegG)
Storage and quality control
After the donation, the sperm is prepared and frozen:
- cryopreservation (freezing) of the samples
- quarantine of at least 180 days
- repeat infection test of the donor before release
- minimum number of motile sperm per insemination dose after thawing (AKDI)
Only after this quarantine period is the sperm released. These safety measures cost time and money but reduce the risks considerably.
The treatment
In Germany, sperm bank sperm goes exclusively to practices and clinics (§ 3(1) SaRegG). Depending on your starting point, the options include:
- intrauterine insemination (IUI), if there are no further fertility problems
- IVF or ICSI, for example with additional fertility problems
- medical support from the work-up to the pregnancy test
The results are well documented. According to the German IVF Registry, the clinical pregnancy rate for IUI with donor sperm in 2024 was 16.0% per insemination, and 10.3% for IUI with the partner’s sperm. With IVF and ICSI using donor sperm (3,177 treatments, average age of the women 37.2 years), 31.3% of transfers in 2023 led to a clinical pregnancy and 23.3% to a birth. These are averages; the chances in an individual case depend mainly on age and starting point.
Our sperm donation guide describes the complete process from the decision to the treatment.
How to find a sperm bank and practice
- Choose a practice: Not every fertility practice offers treatment with donor sperm, and not every practice treats all types of families. In the clinic directory with the donor sperm filter you can see practices and clinics that list this service.
- Clarify the sperm bank: Many practices work with particular sperm banks. You can find a neutral overview with prices from public price lists under Sperm banks in Germany, Austria, and Switzerland.
- Prepare the legal side: For female couples and unmarried couples, it is worth getting advice on parenthood, stepchild adoption, or, in Austria, the notarial deed. You can find an overview in the Legal situation section of the sperm donation guide.
- Clarify the costs: What to expect is covered in the section Costs and in detail under Sperm donation costs.
If you are unsure which treatment fits your situation, our Fertility Clinic Finder can give you some first guidance.
Who has access
- Germany: no statutory exclusion of single women or female couples; whether a bank or practice treats them is its own decision.
- Austria: only marriage, registered partnership, or cohabiting partnership (§ 2(1) FMedG); female couples, according to the wording of the law, in a registered partnership or cohabiting partnership (§ 2(2) no. 3 FMedG); no single women.
- Switzerland: only married couples, since July 1, 2022 also married female couples (Art. 3(3) FMedG).

Cost comparison
Cost is often a main reason for private sperm donations. An honest comparison, however, also has to include the work-up, tests, and possible follow-up costs.
Costs through a sperm bank and practice
Germany:
- Sperm sample: according to familienplanung.de, the portal of the Federal Institute for Public Health, between €700 and over €1,000, plus shipping between €150 and over €300 (as of January 2026)
- For a first IUI, the published prices of German sperm banks for sperm, shipping, and, where applicable, a one-time basic fee come to sums between about €864 and €2,476, depending on the bank, pricing model, and distance to the practice (price dates according to lists from 2022 to 2026, partly undated; retrieved October 4, 2026)
- Treatment: One sperm bank states about €200 to €400 per insemination cycle with donor sperm and about €2,000 to €4,000 per IVF or ICSI cycle for the practice, plus storage at the practice
- Medication and ultrasound depending on the treatment plan
Austria:
- An Austrian fertility clinic states in its public price list (valid from April 1, 2025) €1,350 including value-added tax for an insemination with donor sperm, expressly without what the list calls the “pregnancy right.” Whether the price of the sperm itself is included is not clear from the list.
- The IVF Fund (IVF-Fonds) covers 70% of the costs of an IVF or ICSI with a medical indication. It does not co-finance the costs of providing the donor sperm, and inseminations do not fall under the IVF Fund Act at all (brochure of the Ministry of Social Affairs, as of July 2025).
Switzerland:
- Swiss centers state between CHF 1,100 and CHF 1,800 for an insemination with donor sperm. One center additionally charges a basic fee of CHF 2,500 at the start of treatment for donor search, work-up, and registry reporting; a fee schedule from another center states CHF 1,700 (undated).
- Mandatory basic health insurance (Grundversicherung) covers, according to the Health Insurance Benefits Ordinance (Krankenpflege-Leistungsverordnung, KLV), at most three insemination cycles per pregnancy; the ordinance does not expressly regulate the costs of donor sperm. A center in Zurich expressly lists inseminations with donor sperm among the costs that health insurance does not cover. Clarify this with your insurer beforehand.
Costs of private sperm donations
There are no fixed prices for private donations. Typical items are:
Direct costs:
- possible expense compensation for the donor
- the donor’s health tests, if any, at laboratory or practice prices
- semen analysis, about €38 to €47 including consultation under the physician fee schedule
- ovulation tests and supplies such as cups and syringes
Hidden costs:
- travel costs to private appointments
- time spent on organization and coordination
- further attempts if the timing does not fit
- legal advice beforehand
Health insurance, funding, and taxes
With a sperm bank and practice:
- Statutory health insurance funds: no coverage of donor sperm, not even in part, because § 27a of Book V of the German Social Code (SGB V) covers only the eggs and sperm of the spouses. According to familienplanung.de, some health insurance funds offer a contribution toward costs as a voluntary additional benefit, including for same-sex couples.
- Private health insurance: depends on the individual contract.
- State funding: The federal government does not fund treatments with donor sperm. State funds for fertility treatment of female couples exist in Bremen, Rhineland-Palatinate, Saarland, and Thuringia; Thuringia additionally funds couples who use donor sperm. Details under Cost coverage.
- Taxes: The Federal Fiscal Court (Bundesfinanzhof, BFH) recognizes the costs of medical fertility treatment with donor sperm in cases of inability to conceive as extraordinary burdens, including the costs of providing and preparing the donor sperm (BFH, VI R 47/15). A prerequisite is, among other things, that the treatment is consistent with the Embryo Protection Act and the professional codes of conduct for physicians. For single women, there is so far only one ruling, by the Finance Court of Münster from 2020. Only the part exceeding the reasonable burden is deductible (§ 33 of the Income Tax Act, EStG). More under Deducting fertility treatment costs for tax purposes.
With private donations:
- no reimbursement by health insurance funds
- no state funding
- The tax recognition by the Federal Fiscal Court relates to medical treatment; costs of a private donation without medical treatment are not covered by it.
Keep long-term costs in mind
Private donations can lead to follow-up costs that do not appear on any bill:
- attorney and court costs in disputes over paternity, visitation, or child support
- parentage testing
- child support payments by the donor, also retroactively from the birth
- inheritance disputes
A single legal dispute can wipe out the apparent cost advantage. No fixed amounts can responsibly be stated for this, because they depend on the individual case.
When each route fits
The decision between a sperm bank and a private donor is personal, and many people find it hard. The following points can help you sort it out.
A sperm bank and practice fit best if
Safety is the priority:
- Legal clarity for the donor, the mother, her partner, and the child is important to you.
- You want screened, tested sperm with quarantine.
- The child should be able to learn about their origins later through a registry.
A medical work-up makes sense:
- There are known fertility problems or irregular cycles.
- There have already been miscarriages.
- There are known genetic risks in the family.
- You want medical planning, for example ultrasound, triggering ovulation, or IVF later.
Financial support is possible:
- Tax deductibility, state funding, or voluntary insurance benefits may be options.
A hypothetical example: A couple tries for many months with a private donor, without a medical work-up. Only on switching to a fertility practice is it examined whether ovulation occurs regularly and the fallopian tubes are open. Such questions cannot be answered at home.
Why some people are interested in a private donation
The reasons are understandable, and it helps to name them openly:
- Cost: Treatment at a sperm bank is expensive, and health insurance funds do not pay for donor sperm.
- Known donor: Some people want a donor from their own circle or a donor the child knows from the start. In Germany, this is also possible through a sperm bank (see Known or exclusive donor through a sperm bank).
- Lack of access: In Austria, single women are excluded from medically assisted reproduction (§ 2(1) FMedG). In Switzerland, sperm donation is permitted only for married couples (Art. 3(3) FMedG), and single women have no access to reproductive procedures at all (Art. 3(2) FMedG). Some practices and banks in Germany do not treat all types of families.
- Joint parenthood: Some people deliberately plan for the donor to play a role as a father.
None of these reasons changes the legal and health consequences. If you are considering this route, you should beforehand:
- get legal advice from a lawyer on paternity, child support, and inheritance law in your own country
- have the donor examined by a doctor, at least for the infections that are mandatory at sperm banks, and have a semen analysis done
- have realistic expectations, because there are no reliable data on success rates of private at home inseminations
- plan reserves for possible legal disputes
Notes for single women
Single women often have different questions. In Germany, many but not all sperm banks and practices treat single women. Important legally: Without a second legal parent, a private donor can always be established as the father. In Austria and Switzerland, single women have no access to sperm donation in a clinic. More in the sperm donation guide for single women.
Questions to help you decide
How important is legal security to you? In Germany, the statutory protection of the donor from paternity exists only through a sperm bank and practice.
What role should the donor play in the child’s life? With a sperm bank, there is no legal role, but the child can learn the donor’s identity later. A known donor is also possible through a sperm bank. If he is to become the legal father, acknowledgment is possible.
What does your budget look like? Add up sperm, shipping, and treatment, and check funding, taxes, and voluntary insurance benefits. With a private donation, tests, counseling, and possible follow-up costs belong in the calculation.
How important is medical support to you? Ultrasound, triggering ovulation, sperm preparation, and work-up are available only at a practice. In a randomized trial with 421 women (Kop 2022), IUI performed clearly better than cervical insemination.
Are you prepared to bear legal risks? If not, in Germany only the route through a sperm bank and practice remains.
Our assessment
In the vast majority of situations, the route through a sperm bank and fertility practice is the safer one, legally and medically. The risks of private donations are often underestimated, above all the legal consequences for the donor and child and the absence of quarantine and mandatory tests.
If you still want to go the private route, you should get legal and medical advice beforehand, have the donor fully examined, and plan financial buffers for unforeseen costs. The decision can have life-changing consequences. Take the time to think through all aspects carefully.
Frequently asked questions
Is private sperm donation legal?
In Germany, a private sperm donation is not prohibited. The Embryo Protection Act expressly exempts the woman who performs an insemination on herself and the sperm provider from the criminal provision (§ 11(2) ESchG). A third person who performs the insemination is not exempt by the wording. Legal, however, does not mean without consequences: The donor can be established as the father, and German sperm banks may not release sperm to private individuals (§ 3 SaRegG).
In Austria and Switzerland, the laws mention private donation in their parentage rules (§ 148(5) ABGB, Art. 23(2) FMedG). Whether a private insemination at home falls under the penal provisions for procedures without a physician or without a permit is not expressly settled in the primary sources we reviewed.
Can the private donor be required to pay child support?
Yes. In Germany, a private donor can be established as the father if there is no other legal father. He then owes child support, also retroactively for the time in which the child could not demand child support for legal reasons (§ 1613(2) BGB). Future child support cannot be waived (§ 1614(1) BGB), so a contract does not help. In Austria, the donor is protected only if the mother’s spouse or registered partner consented (§ 148(5) ABGB). In Switzerland, a paternity action against the private donor is permitted (Art. 23(2) FMedG).
How does the cup method work?
With the cup method, the donor ejaculates into a container, and the woman places the semen in her vagina herself shortly afterward, usually with a needleless syringe, around the expected ovulation. Legally, in Germany this is a fertilization without medical assistance that the legislature expressly excluded from the donor’s protection (Bundestag Printed Paper 18/11291). Medically, infection tests with quarantine, sperm preparation, and medical cycle monitoring are missing.
How high are the chances with at home insemination?
There are no reliable studies with success rates for private at home insemination with fresh sperm. Figures such as “5 to 8 percent per cycle” have no reliable source. The best approximation comes from a randomized trial at fertility clinics using frozen donor sperm: After allocation to six cycles, insemination at the cervix led to a pregnancy with a live birth in 24% of women, and IUI in 39% (Kop 2022). For comparison: According to the German IVF Registry, IUI with donor sperm led to a clinical pregnancy in 16.0% of inseminations in 2024.
Can a private donor legally waive paternity?
No. In Germany, a written waiver does not prevent a court from establishing paternity, and future child support cannot be waived in any case (§ 1614 BGB). German family law protects the child’s rights and cannot be circumvented by private contracts.
If the donor is established as the father, he is liable for child support, no matter what he signed. Child support can be claimed in court years later by the youth welfare office or by the mother as the child’s representative.
It is different if another man is already the legal father, for example the mother’s husband (§ 1592 BGB). If the husband and mother consented to the sperm donation, neither can contest paternity any longer (§ 1600(6) BGB). The child is not covered by this exclusion.
In Austria, a private donor has been protected since 2024 only if the person to whom the mother is married or with whom she is in a registered partnership consented to the private fertilization (§ 148(5) ABGB). In Switzerland, sperm donation is reserved for married couples and centers with a cantonal permit. For private donations, the exclusion of the paternity action does not apply there.
May a sperm bank send donor sperm to your home?
German sperm banks may release donor sperm only to practices and clinics (§ 3(1) SaRegG); violations risk a fine of up to €30,000. The Danish sperm banks that supply German clinics also state that they do not ship directly to private individuals; one offers home delivery only to health care personnel. Important: Even with sperm from a sperm bank, the protection under § 1600d(4) BGB does not apply to an insemination at home, because it requires fertilization in a medical care facility.
Can a private donor register in the sperm donor registry?
No. BfArM expressly answers this question with “No,” because the Sperm Donor Registry Act applies only to sperm donations in the context of assisted reproduction with medical support. A proposal to include private donations in an expanded registry comes from a key-points paper of the Federal Ministry of Justice from 2024 and is not current law.
Does a child from a private sperm donation have inheritance claims against the donor?
Yes, as soon as the donor’s paternity is established. The child then has statutory inheritance rights, as with any other father. With a sperm donation through a sperm bank and practice, the establishment of paternity is excluded, and with it any statutory inheritance right between donor and child.
Is an at home insemination kit better than the cup method?
We found no study on this. Kits for supporting conception are medical devices within the meaning of the EU Medical Device Regulation. They change neither the legal consequences of a private donation nor the infection risk from untested sperm.
Where do I find a sperm donor?
Through a sperm bank, you choose the donor together with your fertility practice. You can find an overview of sperm banks in Germany, Austria, and Switzerland under Sperm banks, and practices with donor sperm in the clinic directory. Fertilio does not arrange donors or donor sperm and does not link to private donor matching sites.
Is a private sperm donation allowed in Austria?
We found no express permission or express prohibition in the legal texts we reviewed. Whether a private insemination at home falls under the administrative penalty provision for medically assisted reproduction without a physician (§ 22(1) no. 1 FMedG) is not settled in the primary sources we reviewed. The ABGB does, however, take “non-medically assisted reproduction” into account for parentage: Since 2024, the private donor has been protected from the establishment of paternity if the mother’s spouse or registered partner consented (§ 148(5) ABGB). In all other cases, he can still be established as the father. Single women in Austria have no access to medically assisted reproduction (§ 2(1) FMedG).
Conclusion
At first glance, private sperm donations by the cup method or at home insemination seem cheaper and less complicated. In Germany, however, the statutory protection of the donor from the establishment of paternity is missing, with consequences for child support and inheritance rights, and the child cannot find the donor through the sperm donor registry. In Austria, only the consent of the spouse or registered partner provides protection, and in Switzerland a paternity action is permitted. Mandatory tests and quarantine exist only at sperm banks, and there are no reliable data on the chances of success of private at home inseminations.
If you still want to go the private route, you should get legal and medical advice beforehand. For most people trying to conceive, a sperm bank combined with a fertility practice is the safer route, legally and medically. How this route works, what it costs, and who has access is covered in our sperm donation guide.
Sources
Laws and legislative materials, Germany
- § 1591 BGB: Motherhood, Federal Ministry of Justice, as of 2026
- § 1592 BGB: Fatherhood, Federal Ministry of Justice, as of 2026
- § 1594 BGB: Acknowledgment of paternity, Federal Ministry of Justice, as of 2026
- § 1600 BGB: Persons entitled to contest; exclusion of contesting, Federal Ministry of Justice, as of 2026
- § 1600d BGB: Judicial establishment of paternity, Federal Ministry of Justice, as of 2026
- § 1613 BGB: Child support for the past, Federal Ministry of Justice, as of 2026
- § 1614 BGB: Waiver of the right to child support, Federal Ministry of Justice, as of 2026
- Sperm Donor Registry Act (SaRegG), Federal Ministry of Justice, last amended May 12, 2026
- § 1a TPG: Definitions, Federal Ministry of Justice, as of 2026
- Tissue Ordinance under the Transplantation Act (TPG-GewV), Annex 4, Federal Ministry of Justice, as of 2026
- Embryo Protection Act (ESchG), §§ 9 to 11, Federal Ministry of Justice, as of 2026
- § 27a SGB V: Assisted reproduction, Federal Ministry of Justice, as of 2026
- § 33 EStG: Extraordinary burdens, Federal Ministry of Justice, as of 2026
- German Fee Schedule for Physicians, Federal Ministry of Justice, as of 2026
- Bundestag Printed Paper 18/11291: Draft of an Act to Regulate the Right to Know One’s Parentage in the Heterologous Use of Sperm, p. 35, German Bundestag, 2017
- Act Implementing the Judgment of the Federal Constitutional Court on Contesting Paternity, BGBl. 2026 I No. 83, March 31, 2026
- Bundestag Printed Paper 21/4324: Motion for a resolution on contesting paternity, German Bundestag, February 25, 2026
- New regulation on contesting paternity adopted (rejection of motion for a resolution 21/4324), German Bundestag, 2026
- Parentage law, Federal Ministry of Justice and Consumer Protection, retrieved October 4, 2026
- Key points for the reform of parentage law, Federal Ministry of Justice, January 16, 2024
Case law and authorities, Germany
- Press release 89/2013 on XII ZR 49/11: Contesting of paternity by the sperm donor, Federal Court of Justice, May 15, 2013
- Press release 163/2015 on XII ZR 99/14: Duty to pay support after consent to a sperm donation, Federal Court of Justice, September 23, 2015
- Planned decisions for 2026, First Senate No. 5 (co-motherhood), Federal Constitutional Court, retrieved October 4, 2026
- Judgment VI R 47/15 on fertility treatment costs as an extraordinary burden, Federal Fiscal Court, 2017
- Press release on 1 K 3722/18 E: Fertility treatment of single women, Finance Court of Münster, 2020
- Sperm donor registry, Federal Institute for Drugs and Medical Devices (BfArM), retrieved October 4, 2026
- FAQ sperm donor registry, Federal Institute for Drugs and Medical Devices (BfArM), retrieved October 4, 2026
- Taupitz J: Donor insemination, Hessian Medical Journal 09/2021, Hesse State Medical Association, 2021
- Sperm donation, familienplanung.de, Federal Institute for Public Health, as of January 7, 2026
- Fertility treatment: What is allowed and who pays the costs?, familienplanung.de, Federal Institute for Public Health, as of January 7, 2026
- Financial support and funding check, Fertility Information Portal, retrieved October 4, 2026
- FAQ fertility treatment, State Office for Social Affairs of Saarland, retrieved October 4, 2026
- Funding requirements for fertility treatment, Thuringia Foundation HandinHand, retrieved October 4, 2026
Guidelines and professional standards
- Guidelines for quality assurance of treatment with donor sperm in Germany, Working Group for Donor Insemination e.V., version of February 8, 2006
- Treatment with donor sperm, Working Group for Donor Insemination e.V., retrieved October 4, 2026
- Recommendation of a maximum of 15 families per sperm donor, Working Group for Donor Insemination e.V., retrieved October 4, 2026
- Guideline on the collection and transfer of human germ cells in the context of assisted reproduction, 2022 update, German Medical Association, 2022
- WHO laboratory manual for the examination and processing of human semen, 6th edition, World Health Organization, 2021
- Regulation (EU) 2017/745 on medical devices, Art. 2 no. 1, consolidated version of January 10, 2025, EUR-Lex
Studies and registries
- Yearbook 2024, German IVF Registry (D.I.R.), 2025
- Kop PAL et al.: Intracervical insemination versus intrauterine insemination with cryopreserved donor sperm in the natural cycle: a randomized controlled trial, Hum Reprod 2022;37(6):1175 to 1182, PubMed 35459949
- Hogerzeil HV et al.: Results of artificial insemination at home by the partner with cryopreserved donor semen: a randomized study, Fertil Steril 1988;49(6):1030 to 1035, PubMed 3371480
- Kop PA et al.: Intrauterine insemination versus intracervical insemination in donor sperm treatment, Cochrane Database Syst Rev 2018;1:CD000317, PubMed 29368795
- Fyfe A et al.: Home-insemination: the motivations and experiences of same-sex and gender diverse couples using self-insemination and known donors to conceive in Aotearoa New Zealand, Hum Fertil 2025;28(1), PubMed 41169239
Sperm banks: release, delivery, price lists (retrieved October 4, 2026)
- Costs, Cryostore Deutschland GmbH, valid from October 1, 2022
- General terms and conditions, Cryostore Deutschland GmbH
- Costs of a treatment, Erlanger Samenbank
- Course of a treatment, Erlanger Samenbank
- Costs, Sperm Bank Germany GmbH, prices from April 1, 2026
- Trying to conceive with sperm donation, Sperm Bank Germany GmbH
- Trying to conceive and prices, Berliner Samenbank GmbH, price list in effect since November 24, 2023
- Price list for release from storage 2026, Cryobank München
- Process and costs, SEJ Samenbank Berlin GmbH, undated
- Donor selection instead of a catalog, Cryobank München
- Treatment at the fertility clinic of your choice (duration of donor selection and shipping), Cryobank München
- Exclusive donation with a known donor, Cryobank München
- Terms of home delivery (supporting page), Cryos International
- Assisted home insemination (only in Denmark), European Sperm Bank
- Ordering and shipment, European Sperm Bank
- Family Limits (limit of 75 families for the majority of donors), European Sperm Bank
- FAQ (delivery only to licensed clinics), Born Donor Bank
- Donor limits max. 25 and max. 75 families worldwide, Born Donor Bank
- Prices, section on exclusive donors for 1 or 5 families worldwide, Born Donor Bank
Austria
- Reproductive Medicine Act (FMedG), Legal Information System of the Federation (RIS), version of October 4, 2026
- § 144 ABGB: Parenthood, Legal Information System of the Federation (RIS), as of 2026
- § 148 ABGB: Judicial establishment of paternity, Legal Information System of the Federation (RIS), as of 2026
- Brochure “We Want a Baby,” Ministry of Social Affairs, as of July 25, 2025
- Parliamentary correspondence No. 917: Motion 496/A on assisted reproduction for single women, Austrian Parliament, October 17, 2025
- Costs of IVF and fertility treatment, Next Fertility IVF Prof. Zech Bregenz, valid from April 1, 2025
Switzerland
- Federal Act on Medically Assisted Reproduction (FMedG, SR 810.11), Fedlex, as of August 1, 2025
- Swiss Civil Code (ZGB), Art. 255a, Fedlex, as of July 1, 2026
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