So far, there has been no legal regulation on parenthood for a married couple. Federal Minister of Justice Marco Buschmann now wants to change that and promises a draft law before the end of this year. But it is also important not to lose sight of the rights of the biological father.
Federal Minister of Justice Marco Buschmann wants to introduce so-called co-motherhood for lesbian couples this year. "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 Buschmann to the newspapers of the Funke media group.
He is confident that there will be a corresponding draft law this year, which will at least create a modern legal framework for “uncomplicated cases”, said the FDP politician. As an example he gave births after a registered sperm donation for lesbian couples. "In this case, it's very clear: the sperm donor doesn't want to be involved in the upbringing." It is "a good thing" if both parents are recognized by law.
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 Minister of Justice had already commented on the subject in February. At the time, Buschmann told the "Rheinische Post" and the "General-Anzeiger": "If a child is born into a marriage between a man and a woman, the man - regardless of biological paternity - is legally the father. The question is why this should be different in a marriage between two women."
What is decisive for him is "that two people take care of the child, donate love and security, and also legally stand up for the child as a community". In his opinion, it must therefore become the norm for both mothers in a marriage to be "recognized as parents in the sense of a shared motherhood". Buschmann added: "However, we must not lose sight of the rights of the biological father."
