Right of parentage: Minister of Justice for Co -Motherhood – Union is skeptical

Federal Minister of Justice Stefanie Hubig (SPD) would like to enable lesbian couples with a child from the start. However, the coalition partner is reserved in the question. “I personally can imagine that in the right of parentage we will make a regulation for a common motherhood of women,” said Hubig of the German Press Agency.

The legal situation is currently the case that the partner of the woman who gives birth to the child has to adopt it in order to become a legal parent. “This path through the judicial adoption process is very tedious and stresses the families,” criticizes the minister. In addition, this regulation could have bitter consequences for the child if the mother dies at or shortly after birth: “Then it may have no parent at all.”

Union politician asks about the role of father

The legal policy spokeswoman for the Union faction, Susanne Hierl, leads other arguments. “A complete decoupling of the descent from biology cannot be the solution,” said the CSU politician of the dpa. With a child generated by an anonymous sperm donation, this could be a sensible solution. “But if the biological father is known, the child must not simply be cut off from his legal connection to the father and thus his biological origin.” That would certainly not be in the child’s sense, said Hierl.

Because the father is an important point of reference for the child in the development of his own identity. If the biological father is known, adoption remains the right way.

Ampel reform no longer came about

There were already concrete plans for a co-motherhood in the Federal Ministry of Justice in autumn 2024. However, after the breakdown of the traffic light coalition, they were not implemented. The coalition agreement between the CDU, CSU and SPD provides for no changes in the right of parentage. In general, you will be guided by any reforms in family law, “the child’s well -being”, it is only said in general.

Hubig, however, considers a change at this point to make sense, also with reference to pending processes for co-mother. “Several German courts consider the applicable right of parentage to be unconstitutional on this point,” says the minister, who was Minister of Education from Rhineland-Palatinate before moving to Berlin. She would like “that we will not wait for sensible reforms of family law until the Federal Constitutional Court sends us a request”.

Social Association supports Hubig

The chair of the social association Germany, Michaela Engelmeier, stands behind the Federal Minister of Justice. She says: “We have to think of the crusty thinking that a family only consists of father, mother and child.” After all, nowadays, the biological, legal and social parenthood did not always match exactly.

No new “community of responsibility”

Hubig, on the other hand, considers Hubig to be dispensable for the notarized “responsibility community” – another project of ex -Justice Minister Marco Buschmann (FDP), which was not put into practice. It was about people who have no love relationship, but wanted to take responsibility for each other in everyday life. At that time, Buschmann cited single parents as examples who support each other, or single seniors who live together in a shared apartment.

“It sounded contemporary for many,” said Hubig. But the idea was probably not mature. Feedback from society and science showed that nobody needs this new legal institute. The added value would have been more symbolic.