Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

31 AUG 2012

The need to re-evaluate incest in the age of assisted reproductive techniques: Stübing v Germany

Karen Dyer

Lecturer in Law, University of Buckingham:

The mention of 'incest' leads to a sense of revulsion, regardless of whether the context is non- consensual, or true consensual incest between adults. The recent case of Stübing v Germany (App No 43547/08) is an example of this.

Patrick Stübing, was born in Germany in 1976. He was removed from his mother when he was three. They had no subsequent contact until 2000 when he also met his sister for the first time. Their mother died later that year and the two siblings embarked on a consensual sexual relationship, producing four children, three of whom are now in care. Germany criminalises such relationships and Stübing was convicted. At the European Court of Human Rights, Stübing argued that Germany had violated Article 8 of the Convention. However, the Court found that Germany had acted within its margin of appreciation.

This case prompts consideration of societal views on incest. This is particularly pertinent in today’s biotechnological society, with more donor-conceived children born each year, and the consequential increase in opportunities for 'consensual incest' to occur, albeit without the knowledge of the parties concerned.

The author comments that society has to take more responsibility for stopping inadvertent incest occurring, if it finds incest morally repugnant, and suggests an amended to current UK legislation to ensure parents inform their children that they are donor-conceived.

To log on to Family Law Online or to request a free trial click here

Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Family Court Practice, The

(Red Book)

The Red Book is the acknowledged authority on practice and procedure

More Info from £498.00
Available in Lexis®Library