The German federal cabinet on Wednesday approved draft legislation to reform the rules governing paternity challenges, aiming to strengthen the rights of biological fathers while keeping the child’s best interests at the center of family court decisions. The reform responds to a ruling by the Federal Constitutional Court, which found the current regulations unconstitutional. The new law will make a child’s age a “guiding factor” for family courts and ensure greater consideration of the fundamental rights of all parties involved.
One key provision introduces a so-called recognition ban to prevent competition over a child’s paternity. A man will no longer be able to validly acknowledge paternity while another man’s paternity determination case is pending. In future, when a biological father contests paternity, the child’s age and relationship with its legal father will play a greater role. If the child is an adult, the biological father’s challenge will succeed unless the child objects. For minors, the decisive factor will be whether a social-family relationship exists between the child and the legal father.
If no such relationship exists, the biological father’s challenge will continue to succeed, as is currently the case. However, even if a social-family relationship does exist, the challenge could also be successful in the future if another condition is met, for instance, if there is a social-family bond between the child and the biological father. This would also apply if such a bond no longer exists through no fault of the biological father or if he made serious but unsuccessful efforts to establish one.
Family courts will still be allowed to reject a biological father’s challenge, even if these conditions are met, namely when maintaining the legal father’s status is necessary for the child’s well-being. The draft law also introduces a “second chance” for biological fathers to challenge paternity, as required by the Constitutional Court. If two years have passed since an unsuccessful challenge, a new case can be filed, provided the biological father has since established a social-family relationship with the child or if the legal father no longer maintains such a relationship. Authorities must first assess whether reopening the case would affect the child’s welfare.
In addition, the government intends to remove what it views as unnecessary formalities in paternity recognition when all parties agree. A biological father will be able to become the legal father more easily if he acknowledges paternity and the mother, child, and current legal father all consent, without the need for formal legal proceedings, as was previously required.
Federal Justice Minister Stefanie Hubig (SPD) underlined the importance of the reform: “The legal regulations on paternity challenges must be adapted. In some cases, they violated the fundamental rights of biological fathers,” she said. The draft law is meant to “remedy this constitutional violation.” Hubig called the proposed changes a “balanced solution,” stressing that “the interests of all parties must be taken into account, with the child’s welfare at the center.”
She added: “If a child has a social-family relationship with their legal father, that must continue to carry weight in paternity challenges by the biological father. At the same time, we are giving biological fathers new opportunities to take more responsibility for their children. This is an important step toward a modern law of parentage.”
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