Disparity in the law of descent: Families without cis-husband are made to suffer

In Germany, families without a cisgender man face significant legal hurdles in securing dual parental recognition for their children from birth, according to activists and legal experts. The issue has sparked renewed debate following recent public discourse around adoption rights and family law, with critics arguing that current regulations create systemic discrimination against lesbian and non-binary couples. Despite years of advocacy, political resistance persists, particularly within the ruling coalition. The controversy resurfaced three weeks ago after images of Health Minister Jens Spahn with his partner and a baby stroller ignited a political firestorm. Family law attorney Lucy Chebout criticized the situation on social media, noting that while Spahn's relationship was recognized as a two-father family from the start, similar recognition for two-mother families is absent in German law. This discrepancy highlights a long-standing issue in the country’s parentage laws, which have remained largely unchanged despite sustained activism. Under current German law, children born to married lesbian or non-binary couples through sperm donation are automatically granted legal parenthood only to the mother who gave birth. The other parent must undergo a subsequent stepchild adoption process to gain legal recognition. In contrast, heterosexual couples automatically grant legal parenthood to the father, regardless of biological connection. This disparity creates a system where some children are immediately protected under both parents' legal rights, while others require additional legal steps. For gay male couples, the options are different due to the ban on surrogacy in Germany. They can either adopt domestically or seek surrogacy abroad. A landmark decision by the Federal Court of Justice in 2014 affirmed the right to dual parenthood for such couples. A homosexual couple who had a child via surrogacy in the United States were legally recognized as co-parents there, and this recognition was upheld in Germany. The court argued that the child has a right to two parents and that adoption would offer no added benefit. Another scenario involves lesbian couples seeking egg donation abroad, a practice also banned in Germany. In reciprocal egg donation, one partner carries the child while the other provides genetic material. However, only the birth mother is legally recognized, even though the other partner is genetically related. This contrasts sharply with developments in paternal rights, where the Federal Constitutional Court strengthened biological fathers' ability to challenge their legal paternity in 2024. A corresponding law was passed by the federal parliament in 2026. Christina Klitzsch-Eulenburg, a lawyer and founder of the organization Nodoption, described the current system as a form of punishment. When she and her wife had their first child six years ago, they found themselves navigating complex legal procedures to secure full parental recognition. She emphasized that there is currently no pathway for lesbian or non-binary couples to achieve immediate legal parenthood upon a child's birth. Legal experts argue that the existing framework fails to provide equal protection for all children, regardless of their parents' gender identity or sexual orientation. While some progress has been made in recognizing the rights of biological fathers, similar advancements remain elusive for mothers in same-sex relationships. Activists continue to push for comprehensive reform, urging lawmakers to address these disparities and ensure that all children have equal access to legal parental recognition from birth. The debate over family law continues to evolve, with ongoing discussions about how best to balance individual rights with societal norms. As legal challenges persist, advocates remain focused on achieving parity in parental recognition for all families, regardless of composition.