this post was submitted on 17 Oct 2024
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I can in no way imagine that this is legal in the EU, Schengen and everything. I mean if a Dutch person would go to Germany and drink a beer a 16 the Netherlands cannot prosecute that I think, same with a person from Germany participating in weed consumption in the Netherlands (when Germany still criminalized)
If it is legal it shouldn't be.
Commercial surrogacy is only legal in Belgium, Ireland, and Zyprus within the EU.
If you're e.g. German couple and sign a contract with a Belgian woman in Belgium then Germany is going to say "Yep that kid is obviously not yours, also, Belgian", irrespective of Belgium saying "wait no it's German". Germany doesn't care, Belgian law is Belgium's problem they brought it on themselves.
States absolutely can and do prosecute things that people are doing in other states, the broader concept is called universal jurisdiction. In Germany's case that's: a) Some stuff that Germans do and aren't punished (legally or practically) abroad, that doesn't include underage drinking but it does e.g. include child sexual abuse and bribing officials, b) Some stuff that foreign citizens do that affect Germans, e.g. if a German gets murdered abroad by a non-German the authorities here will open a case, and c) Some stuff anyone doing anywhere to anyone, like war crimes and genocide.
I don't think surrogacy should be on that list as simply not recognising the purported mother/child relation is sufficient but it's not like the basic concept of punishing your people for things they do elsewhere is unheard of.