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In Germany, reproductive medicine is also a topic of discussion in the jurisprudential fi eld. Debates rage about issues from the legal status of embryos to detailed questions such as whether the German Embryo Protection Act (ESchG) allows more than only three ova (human eggs) to be fertilised in vitro. However, the central questions about bioethics*1 were not brought before the attention of the judiciary until 2010. The Fifth Criminal Panel found that pre-implantation genetic diagnostics (PGD) are consistent with Section 1(1), no. 2 of the Embryo Protection Act and are therefore not punishable.*2 The Chamber of the European Court of Human Rights (ECtHR) found against Austria because the intended prohibition of heterologous embryo transfer following ovum donation and the prohibition of sperm donation under Austrian law would constitute discriminatory treatment*3; this ruling was overturned by the Grand Chamber of the European Court of Human Rights in a subsequent judgment.*4 Even though the case turned out to be a lot of fuss about nothing, both the prohibition on ovum donation and that on surrogacy were thrown into question.*5 However, the judgment came as a surprise to many, since the medical community had not been off ering pre-implantation genetic diagnostics, on account of great uncertainty about the interpretation of the Embryo Protection Act and the associated risk of criminal prosecution. Some considered it to have been excluded entirely. This was probably also the view taken by the legislature, since Section 15 of the new

The Human Right of Reproduction: Ovum Donation and Surrogacy