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The law of descent: children should be allowed to have two mothers

Federal Minister of justice Barley to strengthen the rainbow families through a Reform of the descent to the right. In the case of lesbian marriages, the wife, the mother should be recognized as the "mother" of the child.

children should be allowed to have in the law of descent, in the future, instead of mother and father, two mothers. So a "debate provides it is part of the design" of the Federal Ministry of justice, the Minister of Katarina Barley (SPD) has presented.

Accordingly, apply in a lesbian civil partnership rules as to the paternity of a man: As a "mother" could be the partner, thus, the second legal parent. Yet, it is stated in the Civil code, that the second parent must be a man.

the law of descent "part of"

In design is of a "moderate development" of the descent to the right of the question. "The descent is with a view to the possibilities of modern reproductive medicine and the society lived a family in accordance with the forms in part-time," said Barley. She acknowledged that with its proposals, "basic questions of our society" would be raised.

according to estimates, such a law could have an impact on approximately 30,000 children. A prerequisite for a maternity is reported to be that the person is married to the mother or in a registered life partnership, motherhood has been acknowledged or after a physician-assisted artificial fertilization of their maternity by a court, it was found.

Changes are only for mothers

apply to all Considerations of the Welfare of the child plays a very important role, stressed Barley.

the Situation is Different with gay couples. Because mother will remain, as before, the woman that gave birth to the child. This is also true in the case of an embryo donation and surrogacy, a woman the child for a other hosting. The mother, the father or mother may, however, also be an intersex or transsexual Person, such as in the design clear.

is Kept, but the principle that there are only two parents - two fathers and a mother are not so provided for in the law of descent. A gay Partner of the father must continue to take the path of Adoption.

provisions for paternity

In the case of paternity are also planned changes: If an unmarried Couple moves in together, in the treatment of infertility and the woman is using donor sperm to get pregnant, the man is not yet the legal father. In the future, but he's supposed to be for the child to be legally responsible, since he has contributed by his consent to the artificial insemination "a significant contribution to the emergence of the child", as it is called.

A child should have according to the draft, in addition to a claim to clarify, who is the genetic father or the genetic mother is - if there is a suspected candidate. Also the alleged genetic father should have an easier time to have the paternity clarified.

- Long prepared the Reform of

The Ministry of justice has concerned itself for years with the issue: In the summer of 2017, a of the house appointed "working group on the law of descent has recommended that" after two years of work already Changes in the law of descent. Barleys design is now to be socially discussed before the departmental vote.

same-sex marriages were treated the same in July 2017, with the "marriage for all" law. However, the origin remained fairly unchanged.

marriage for all is now possible in Germany, 10.10.2017 Atlas |Germany |Berlin

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