The Federal Constitutional Court has strengthened the position of men in their fight for legal paternity for their biological children. The constitutional complaint by a man from Saxony-Anhalt was partially successful on Tuesday in Karlsruhe.
In this specific case, the mother of the now three-year-old son had her new partner registered as the father only after the biological father had filed an application to establish his paternity. He sued his way through the courts to the highest German court in order to be legally recognized in the role. The proceedings dragged on, then the biological father was dismissed at the Naumburg Higher Regional Court. 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.
The First Senate in Karlsruhe ruled that the legal regulations on contesting paternity by biological fathers are incompatible with the fundamental rights of parents. The law will remain in force until a new regulation is adopted, but no later than June 30, 2025. However, procedures initiated can be suspended upon request, said President Stephan Harbarth.
When it comes to basic parental rights, the legislature must take into account the legal parenthood of the biological father alongside the mother and the legal father, it was said. “If, on the other hand, he sticks to limiting legal parenthood to two parents, a sufficiently effective procedure must be available in favor of the biological father that enables him to become the legal father of his child instead of the previous legal father.” The current law is not sufficient for this.
The previous case law on contesting paternity is controversial. Federal Justice Minister Marco Buschmann (FDP) wants to strengthen the legal position of biological fathers who want to take responsibility for their child as legal fathers. In January, Buschmann presented key points for modernizing parentage law.