Biological Fathers' Rights to Implement their Legal Entitlements
In a significant move towards strengthening family law, Germany's Federal Minister of Justice, Stefanie Hubig (SPD), has proposed a draft bill that aims to introduce stricter conditions for the recognition of paternity, particularly for foreign fathers. This legislative initiative, the first family law reform of the new federal government, is set to address the issue of misuse of paternity recognition for financial gain, primarily in relation to immigration.
The proposed reform requires the consent of the Foreigners' Office for paternity recognition by foreign fathers. This new measure is designed to prevent abuse of paternity recognition to obtain residence rights in Germany. The Foreigners' Office will refuse consent if there is a suspicion that the paternity acknowledgment is solely for securing residence rights. Factors considered include the duration of the parents' relationship, prior acknowledgments by the father, and the overall background of the involved parties. However, consent may still be granted if, for example, a paternity test is provided or if the parents marry after the child's birth.
The reform is intended to protect the integrity of residence law and prevent fictitious or abusive paternity recognitions, which have been identified in several cases in recent years where paternity was recognized primarily to gain residence rights.
However, the new rules are not without controversy. Organisations representing binational families argue that the rule is discriminatory and creates further bureaucratic hurdles for migrants, potentially hindering their integration. Nonetheless, the government maintains the necessity of this legislation.
In another innovative move, from the age of 14, a child can prevent another man from becoming their legal father by refusing their consent. This new provision empowers teenagers to assert their rights and protect their family dynamics.
The draft also includes a "recognition ban", preventing other men from acknowledging paternity during a court proceeding where a man seeks to establish his biological paternity. This ban is intended to ensure that only the biological father can be legally recognised.
The court has given the legislator until 31 March 2026 to create a constitutional-compliant new regulation. The reform, based on a ruling by the Federal Constitutional Court of 9 April 2024, which decided that biological fathers must be granted an effective procedure to assert their legal paternity, is set to reshape the landscape of family law in Germany.
[1] Source: Federal Ministry of Justice and Consumer Protection, Press Release, Date: TBD.
The reform in Germany's family law proposes the involvement of the Foreigners' Office in determining paternity recognition for foreign fathers, to tackle abuse for residence rights (science: law). This move toward ensuring genuine paternity acknowledgments aligns with the health-and-wellness of family dynamics, as teenagers are granted the right to prevent other men from becoming their legal fathers (parenting).
