Family law in Germany / Adoption and father's rights

2024-10-12 09:00:00, Kosova & Bota CNA

Family law in Germany / Adoption and father's rights

Illustrative photo

In Germany, in the future a man will be able to automatically take custody of a child after paternity is recognized, if the other parent does not object within a month. Among others, this is foreseen by the reform of the family law, which the Federal Minister of Justice Marco Buschmann wants to approve in the short term.

Children must be declared

Likewise, the legal position of the children themselves must be strengthened. Thus, for example, a child of separated parents can submit a request to recover a decision on custody given since the age of 14. The reform proposal emphasizes the child's right to know his origin, in case of adoptions.

Buschmann wanted to propose his family law reform to the government for discussion this autumn. But some parties within the coalition think that some other changes should be made. To speed up the whole process, Buschmann has invited representatives of the legal authorities to a meeting on October 25.

Family law in Germany / Adoption and father's rights

ADOPTION

This reform is certainly interesting for people who want to adopt a child. In this area, the liberalization of the current rules is planned. In the future, even unmarried couples can adopt a child. According to the new proposals, lesbian couples do not have to go through the adoption process if one of the two women who are together gives birth to a child with the help of donated sperm. The proposal states: "In addition to the birth mother, the maternity of a second woman is also introduced, so that a child already has two mothers based on the law on parentage".

The law on origins should also include guidelines for people who change their gender, for those who do not identify with any gender, and for those who are intersex. For Buschmann, in this reform it is important to legally create new family models, but at the same time not to change some important points. They include, for example: "A child can have only two legal parents in the future, as well as: "A woman who gives birth to a child is always the child's mother, without contesting her legal role".

Custody for children

Fathers in particular should benefit from a point of reform. This means that the parent who cares less for the child must pay less child support, unless a 50:50 model has been agreed. But care cannot be less than 29 percent.

Family law in Germany / Adoption and father's rights

If there are disagreements about daily issues between the parents who have joint custody, then the parent with whom the child lives longer will have the right to decide on these issues. For example, whether the child will go to swimming lessons on Thursday or not, only this parent can decide. But many cases are foreseen when an agreement must be reached between the parents, if the activities reduce the time that the other parent has to spend with the child. While some issues must be decided together by the parents.

Protection from an abusive parent

The reform foresees changes in the attitude towards domestic violence, where the protection of children is strengthened. The law on protection from violence should allow the courts to order the abuser to take part in a course to overcome the problems. Also, the court must decide if it is necessary to cut off the abusive parent's contact with the child in order to guarantee the well-being of the child and the other parent./ DW