Federal Justice Minister Buschmann wants to create rules so that children have a legally secure relationship with both parents from birth. A bill is expected to be tabled later this year.
Federal Justice Minister Marco Buschmann wants to enable many lesbian couples to have both women legally recognized as mothers after the birth of a child.
“We want to create rules so that children have a legally secure relationship with both parents from birth – and no one should feel like a second-rate parent,” the FDP politician told the newspapers in the media group Funke. He is “sure” that a similar draft law will come this year.
First of all, a modern legal framework “for uncomplicated cases” should be created. This applies, for example, to births after a registered sperm donation. “In this case, it’s quite clear: the sperm donor does not want to be involved in the upbringing,” Buschmann said. Then the equality between the biological mother and the partner is obvious. “It’s a good thing when both parents are recognized by law. I do not see anything revolutionary in that,” he told the media group Funke.
For other situations where lesbian couples have children, however, there is still a need for discussion in the federal government, Buschmann admitted. “Not all cases can be merged.” The Greens welcomed Buschmann’s announcement, but warned that “no new borders” should be drawn. With a view to the children, the Greens’ legal expert Helge Limburg said on Saturday that all children must have equal legal rights, regardless of conception.
“Not all cases can be merged”
For other situations where lesbian couples have children, however, there is still a need for discussion in the federal government, Buschmann admitted. “Not all cases can be merged.” In the case of a lesbian couple, the partner who did not give birth to the child himself has so far been able to obtain custody through an adoption process.
In the coalition agreement, the SPD, Greens and FDP have agreed on reforms in family law. Agreements on legal custody, custody, visitation rights and maintenance should be possible before conception. “When a child is born into the marriage of two women, both are automatically the legal mothers of the child, unless otherwise agreed.” Nor should marriage be a decisive criterion in the adoption of minor children. Recognition of parenthood should also be possible outside of marriage, regardless of the gender of the acknowledging person or the divorce case. (dpa)