Assisted dying in Germany
Germany has, similarly to Switzerland, a liberal framework for assisted dying: there is no specific act, but general law provisions and court judgments, including the Federal Constitutional Court’s judgment of 26 February 2020, regulate the practice.
- Where the law stands
- Legal (Ruling)
- Since
- 2020
- Who can ask
- Adults
- Condition
- Free Decision (No Illness Required)
- Residency
- No Legal Requirement
What you need to know.
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Legal Status: Legal (Decriminalised)
The Federal Constitutional Court overturned the ban on assisted suicide offered “as a professionalised service” (geschäftsmäßig: on a repeated basis, whether or not for profit) in 2020. The practice is legal and operates on general law provisions and court judgments.
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Key Legislation
The Federal Constitutional Court judgment of 26 February 2020 declared § 217(1) of the Criminal Code unconstitutional and void, affirming a “right to a self-determined death.”
It found that “the criminalisation of assisted suicide services in § 217(1) of the Criminal Code renders it de facto impossible for persons wanting to commit suicide to make use of assisted suicide services as their chosen form of suicide.”
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Eligibility
Based on the court ruling, the right applies to any person capable of forming a “free and serious will,” regardless of whether their condition is terminal.
Summary
On 26 February 2020, the Federal Constitutional Court (Bundesverfassungsgericht) issued a landmark ruling stating that the “general right of personality” includes the “right to a self-determined death” and the right “to make use of assistance provided by third parties for this purpose.”
This ruling struck down Paragraph 217(1) of the Criminal Code, which had banned repetitive or professional assistance in assisted dying. After the judgment, the German Medical Association removed the ban on doctors assisting in assisted dying from its (Model) Professional Code for Physicians in Germany. As a result, assisted dying is legal for doctors and organizations. However, the German Parliament (Bundestag) has struggled to accept the legal status quo and tried for a new regulatory framework. In July 2023, two competing bills failed to reach a majority. In February 2026 a cross-party group of MPs said it was drafting a single joint bill, but none has yet been passed.
Quick Overview
The 2020 ruling was sweeping. The Court explicitly stated that the right to a self-determined death is not limited to the end of life or to specific illnesses. It is grounded solely in the individual’s autonomy.
Currently, access is primarily facilitated by non-profit organizations such as the Deutsche Gesellschaft für Humanes Sterben (DGHS, German Society for Humane Dying), Verein Sterbehilfe, and DIGNITAS – To live with dignity – To die with dignity (German section). These organizations have established their own strict internal protocols to verify the patient’s medical condition and capacity of judgment to form a “free will.” Doctors are no longer professionally banned from assisting (after the Medical Assembly updated its code in 2021), but many remain hesitant due to a lack of interest, knowhow and education.
Visit DIGNITAS Deutschland (World Federation Member) for more info
Visit Verein Sterbehilfe (World Federation Member) for more info
Visit the Deutsche Gesellschaft für Humanes Sterben (DGHS) (World Federation Member) for more info
Federal Constitutional Court judgment, 26 February 2020
How the law came about.
Germany’s legal landscape has shifted dramatically from prohibition to constitutional protection.
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2015
Paragraph 217
The Bundestag passed § 217 StGB, which criminalized the “business-like promotion of suicide.” This effectively banned right to die organizations and deterred doctors, who feared being labeled as acting “business-like” if they helped multiple patients.
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2020
The Constitutional Court Ruling
Patients, doctors and associations sued. On 26 February 2020 the Constitutional Court ruled in their favor, declaring § 217 void. The Court emphasized that the state cannot force a citizen to live against their will.
The Court suggested that Parliament could regulate the practice (e.g. waiting periods, counselling requirements) but could not make it practically impossible.
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2021
The Medical Professional Code
The German Medical Assembly removed the professional ban on doctors assisting in assisted dying from its (Model) Professional Code for Physicians.
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July 2023
The Bundestag Vote
Two bills were presented to the Bundestag. One proposed a strict criminal law exception (requiring psychiatric evaluation), while the other proposed a liberal rights-based law. Both failed to get a majority.
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August 2025
The Federal Court of Justice on free will
The Federal Court of Justice upheld a Berlin doctor’s three-year sentence for manslaughter (5 StR 520/24). His patient’s depression meant her wish to die was not a free decision, and the court said that with mental illness this must be examined with particular care.
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Today
Current Situation
As of October 2026, no new law has been passed. A cross-party group of MPs announced in February 2026 that it was preparing a joint bill. Assistance is legal provided the helper does not “control” the death (it must be voluntary assisted dying) and the patient acts freely.
Who is Eligible?
Eligibility is defined by the legal framework consisting of criminal law, civil law and the Constitutional Court’s criteria.
- Residency: No strict legal restriction, but practical access usually requires membership in a German organization.
- Age: Adults (18+). (Minors are theoretically not excluded by the Constitution, but organizations strictly refuse them.)
- Medical Condition:
- No Terminal Illness Requirement: The Court ruled that the right to die is not limited to those with terminal illnesses.
- Psychiatric Illness: Permitted in principle, provided the illness does not impair the patient’s ability to form a “free will” (capacity). This is the most complex area and requires rigorous psychiatric assessment to ensure the wish is not a symptom of the disease. In 2025 the Federal Court of Justice upheld a doctor’s prison sentence where this was not established.
- Free Will: The core requirement is that the decision must be voluntary, serious and permanent.
- Method:
- Assisted Dying: The patient must perform the final act (e.g. drinking the medication or opening the valve of a drip).
- Physician Administration: The physician actively administering medication remains illegal under § 216 StGB.
Our members in Germany.
Member societies of the World Federation working for the right to die in Germany.
More country profiles
- Austria Legal
- Belgium Legal
- France Legal
- Ireland Illegal (no active bill)
- Italy Decriminalised (Court Ruling)
- Netherlands Legal
- Norway Illegal
- Portugal Legal (In Limbo)
- Spain Legal
- Switzerland Decriminalized
- United Kingdom Illegal (no active bill)
- Australia Legal
- Canada Legal (Federal)
- Colombia Decriminalized
- Cuba Decriminalised (regulations pending)
- Ecuador Decriminalized
- New Zealand Legal
- United States Legal (State Level)
- Uruguay Legal