German Courts Wrestle With Custody as Surrogacy Case Exposes International Market
Berlin, Germany – October 20, 2025 - A protracted legal battle in Germany is highlighting the complex ethical and legal challenges of international surrogacy, as authorities determine the future care of a child, known as Ruby, born thru a surrogacy arrangement in Argentina. The case, now exceeding 18 months, centers on whether a German couple is fit to raise Ruby, with the German youth welfare office raising concerns about thier suitability.
The dispute underscores a growing global trend: the outsourcing of surrogacy to countries with less restrictive regulations, often leaving legal parentage and child welfare in a precarious state. alejandra M. is legally recognized as Ruby’s mother under German law, despite not being the biological parent. The case’s unusual length,acknowledged by the youth welfare office,reflects the difficulties in navigating international surrogacy agreements and ensuring the best interests of the child. Ruby currently resides with a foster mother while the proceedings continue.
The case originates in Argentina, where Ruby was born via surrogacy to Carlos leiva, who has sence stated, “I did nothing wrong.” Leiva has ceased offering surrogacy services in Argentina and is now reportedly targeting Colombia as a new market for his services, raising further concerns about the exploitation of vulnerable women and the commodification of children.
The unfolding situation in Germany is part of a larger pattern documented in a recent report by ARD, Germany’s public broadcaster, examining the burgeoning “surrogate mother business.” The report,When Babies Become a Commodity,available in the ARD media library [https://www.ardmediathek.de/film/Y3JpZDovL25kci5kZS80ODc4IDkzNTU2NGQ0LWJkMjAtNGVmNS1iZGFmLWExMzZiODg3NWFkZQ], details the international networks facilitating commercial surrogacy and the ethical dilemmas they present. The German court’s decision will not only determine Ruby’s future but could also set a precedent for handling similar cases arising from the increasingly global surrogacy industry.
