Constitutional court ruling strengthens the rights of biological fathers
The Federal Constitutional Court in Karlsruhe has issued a significant ruling regarding paternity rights that strengthens the role of biological fathers in Germany.
Background of the ruling
Until now, the rights of biological fathers in Germany have often been overshadowed by the rights of "social" fathers - men who raise the child even though they are not biologically related. The Federal Constitutional Court has now ruled that this situation is unacceptable in certain cases and constitutes a violation of the fundamental rights of biological fathers.
The court's decision
The Federal Constitutional Court ruled that biological fathers have a right to access to their child, even if there is a legal father who is married to the mother and has acknowledged the child. This is particularly true when the biological father has already formed a bond with his child. The court found that excluding the biological father from access rights in such cases is an unjustified disadvantage and violates the constitutionally guaranteed general right to personal freedom.
The impact of the ruling
This ruling significantly strengthens the position of biological fathers in Germany and represents an important step towards more justice in paternity law.
It is expected that this ruling will affect numerous family situations in Germany. Given the fact that many children in Germany are born out of wedlock and many fathers seek a right to participation, there is a possibility that this ruling will have a significant impact on the structural organization of families in Germany.
However, it remains to be seen what the practical implementation of this ruling will look like in the courts and within families themselves.
Sources:
Federal Constitutional Court. Decision of the First Senate of 29 May 2013 - 1 BvL 1/11 -, para. 1-93
German Family Law, § 1626a (1)
Anita Faake, Tuesday, April 9, 2024
