breaking news
The constitutional complaint by a man from Saxony-Anhalt was partially successful: the Federal Constitutional Court has strengthened the position of men who are fighting for legal paternity of their biological children.
The Federal Constitutional Court has strengthened the rights of biological fathers in a ruling. The current family law does not sufficiently take their basic parental rights into account, said court president Stephan Harbarth when the verdict was announced. When it comes to basic parental rights, the legislature must take into account the legal parenthood of biological fathers in addition to the mother and the legal father, it was said.
The law will remain in force until a new regulation is adopted, but at the latest until June 30, 2025.
Only those who are legal fathers have comprehensive co-determination rights and obligations: for example in custody, maintenance or decisions about medical treatment or school choice.
Plaintiff wants legal paternity
The constitutional complaint by a man from Saxony-Anhalt was partially successful. His partner at the time had her new partner registered as the father of the now three-year-old child. However, this only happened after the plaintiff had filed an application to establish paternity.
Most recently, the Naumburg Higher Regional Court denied the biological father legal paternity. It cited the Federal Court of Justice (BGH), according to which the right of a biological father to challenge the paternity of another man is excluded if there is a socio-familial relationship between the child and the legal father at the time of the last oral hearing at the family court. This is assumed if this man and the mother are married or he has lived with the child in the same household for a long time. The latter was the case in the specific constellation.
The Federal Constitutional Court has now overturned the Naumburg decision and referred the proceedings back to the Higher Regional Court. The father can apply for a stay of the proceedings until a new legal regulation is made.