Biological Fathers' Right to Exercise Their Legal Privileges
The German government has taken a significant step towards addressing sham paternities, a practice where men claim to be the father of a child for financial gain, enabling the mother to obtain a residence permit in Germany and social benefits. The Interior Ministry is leading the project, with the Federal Minister of Justice, Stefanie Hubig (SPD), proposing a draft bill to make it easier for biological fathers to challenge paternity.
Traditionally, in German family law, the window for biological fathers to challenge paternity has been limited. A father must generally file a challenge to paternity within six months after the child's birth or after gaining knowledge of the birth or establishment of paternity. However, the proposed reform suggests stricter controls, which could potentially limit the ability of biological fathers to challenge paternity after this six-month period.
The new rule, which requires consent from the Foreigners' Office for paternity recognition by foreign fathers, is already in effect to prevent abuse linked to residency rights. If the reform aligns with this stricter approach, it is likely aimed at reinforcing the stability of family relationships and preventing misuse of paternity claims for immigration benefits.
The legislature has until March 31, 2026, to create a new, constitutionally compliant regulation regarding paternity challenges. Stefanie Hubig promises to bring a solution for the issue of sham paternities that works, ensuring binational couples are not put under general suspicion.
The draft bill from the Ministry of Justice, as proposed by Stefanie Hubig, includes a "recognition ban" to prevent another man from acknowledging paternity during a court proceeding where a man is challenging his biological paternity. This measure is a response to a ruling by the Federal Constitutional Court on April 9, 2024, which stated that biological fathers must have access to an effective procedure to assert their legal paternity.
In a notable change, the draft bill also allows a child, from the age of 14, to prevent another man from becoming their legal father instead of their biological father by refusing their consent. If a challenge to paternity fails, the biological father will have a second chance to apply for reconsideration if the legal father no longer has a social-familial relationship with the child.
More family law reforms are expected to follow, with the goal of reflecting the lived social reality in Germany. The planned reform is the first family law legislative initiative of the new federal government. For precise details on how the reform changes the ability to challenge paternity after six months, official German legal texts or government announcements would need to be consulted.
- The reform in German family law, aimed at addressing sham paternities, suggests stricter controls that could potentially limit the ability of biological fathers to challenge paternity after six months.
- Stefanie Hubig, the Federal Minister of Justice, has proposed a draft bill to make it easier for biological fathers to challenge paternity, aligning with a stricter approach that reinforces the stability of family relationships.
- The new rule in German family law requires consent from the Foreigners' Office for paternity recognition by foreign fathers, aiming to prevent abuse linked to residency rights.
- The draft bill from the Ministry of Justice, as proposed by Stefanie Hubig, includes a "recognition ban" to prevent another man from acknowledging paternity during a court proceeding where a man is challenging his biological paternity.
- More family law reforms are anticipated, with the goal of reflecting the lived social reality in Germany. The planned reform is the first family law legislative initiative of the new federal government, and it also includes provisions for womens-health, mens-health, parenting, policy-and-legislation, science, health-and-wellness, and general-news.
