LGBTIQ+ reproductive rights: A comparative analysis of the legal framework in Germany and Spain

The objective of the research is to understand the legal situation for queer families in Germany and Spain. The legislation in all the member States of the UE are subject to a process of continuous change (Findenegg, 2023) and have been increasingly recognizing the different ways to become a parent, including people of LGBTIQ+ identities. However, the persistence of discriminatory laws and the lack of recognition for diverse family configurations reveal how legal systems still function as instruments of reproductive governance (Ginsburg & Rapp, 1991), controlling whose reproduction is deemed legitimate, and whose families are afforded legal protection. Beyond legal recognition, economic and practical barriers significantly affect access to reproductive technologies. As such, parenthood in queer families can be understood as a continuum of possibility-impossibility marked by genetic, biological, social and legal realities. Both countries have a different approach to LGBTIQ+ rights. Spain has implemented several key reforms, while Germany has been advancing more slowly, and continues to enforce discriminatory practices in many areas. In this communication we examine two aspects of the many that concern the reproductive rights of LGBTIQ+ parents: 1) Legal access to assisted reproduction and options offered through the public healthcare system, and 2) Legal recognition of filiation. The materials used for the qualitative analysis were legislation, relevant literature, as well as reports from NGOs and LGBTIQ+ organizations, information from fertility clinics, and articles from the press to better understand the real-life application of the laws and their shortcomings. With this analysis we hope to highlight the differences and similarities between both countries, identify the limits and legal loopholes that LGBTIQ+ people face when trying to start a family and advocate for a law that fully recognizes the rights of LGBTIQ+ families, by outlining proposals for general as well as concrete legislative reforms.