Federal Minister of Justice Marco Buschmann wants to make it possible for many lesbian couples to have both women legally recognized as mothers after the birth of a child. “We want to create rules so that children have a legally secure relationship with both parents from birth – and nobody has to feel like a second-class parent,” said the FDP politician to the newspapers of the Funke media group (Saturday).
He is “confident” that there will be a corresponding draft law this year.
First of all, a modern legal framework should be created “for uncomplicated cases”. This applies, for example, to births after a registered sperm donation. “In this case, it’s absolutely clear: the sperm donor doesn’t want to be involved in the upbringing,” said Buschmann.
Then equality between the biological mother and the partner is obvious. “It’s a good thing when both parents are recognized by the law. I can’t see what’s revolutionary about it,” he told the Funke media group.
For other situations in which lesbian couples have children, however, there is still a need for discussion in the federal government, Buschmann conceded. “Not all cases can be lumped together.”
The Greens welcomed Buschmann’s announcement, but warned that “no new borders” should be drawn. With a view to the children, the Greens legal expert Helge Limburg said on Saturday that all children should be given equal legal rights, regardless of conception.
In the case of a lesbian couple, the partner who did not give birth to the child herself has so far been able to gain parental authority through an adoption process.
In the coalition agreement, the SPD, Greens and FDP have agreed on reforms in family law. Agreements on legal parenthood, parental custody, rights of access and maintenance should be made possible before conception.
“If a child is born into the marriage of two women, both are automatically the legal mothers of the child, unless otherwise agreed.” Marriage should also not be a decisive criterion when adopting minor children.