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Family law

Change planned! Child custody to become simpler

Lesbian couples will soon benefit from simpler custody regulations
Lesbian couples will soon benefit from simpler custody regulations Photo: Getty Images

October 10, 2024, 8:13 am | Read time: 3 minutes

Family law is in a state of flux. Changes are planned in maintenance, custody, and adoption law, which are particularly relevant for same-sex couples and modern family models such as patchwork or rainbow families. STYLEBOOK explains the changes and the impact they may have.

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The existing family law no longer reflects the reality of many people’s lives. Family Minister Marco Buschmann (FDP) is therefore working on a comprehensive reform package to modernize family rights and custody. The focus here is on lesbian couples, patchwork families, and family constellations that have often only received limited legal recognition to date.

Child custody becomes simpler

The new draft law provides for the partner of a woman who gives birth to a child to be automatically recognized as a co-mother. Previously, she had to “adopt” the child in a complex adoption procedure. This puts lesbian mothers on an equal legal footing with heterosexual couples. This change will make it easier for many rainbow families to finally obtain the legal security they need.

Strengthening the rights of biological fathers

Another key element of the reform concerns the rights of biological fathers. In the future, they are to be given greater consideration if they want to take responsibility for their children. For example, priority is to be given to a court procedure to establish paternity, which means that no other man can acknowledge paternity in the meantime. This prevents biological fathers from being overridden in their role if they want to build a relationship with their children.

New regulations for the alternating model

One of the most groundbreaking changes concerns the so-called alternating model, in which children are cared for equally by both parents after a separation. This model is to become law for the first time. If it is in the child’s best interests, the family court can order the alternating model in the future. This further loosens up the previous “residence model,” in which the children live predominantly with one parent.

This is an important step for same-sex couples in particular, as it strengthens legal equality and allows both parents to play an equal role in the care and upbringing of the children.

Adoption rights for non-marital couples

Another breakthrough is emerging in adoption law. In the future, marriage will no longer be a prerequisite for the joint adoption of children. This means that unmarried couples, whether heterosexual or homosexual, will also be able to adopt children together. This is a decisive step forward for many rainbow families in particular, as the existing adoption law often places legal hurdles in their way.

Small decisions – big impact: “small custody rights”

Another new feature of the reform package is the so-called “small custody rights.” This allows parents to transfer custody powers to their new partner or another close person. This is particularly beneficial for patchwork families and rainbow families, as it makes the legal framework for everyday decisions much more flexible.

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A step towards equal rights

The planned reforms represent an important step towards modernizing family law and offering same-sex couples more legal security and flexibility. Whether in terms of custody, adoption, or maintenance – the new family law will finally adapt to the diverse lifestyles of our society. For many families, this means more justice, fewer hurdles, and greater legal recognition.

This article is a machine translation of the original German version of STYLEBOOK and has been reviewed for accuracy and quality by a native speaker. For feedback, please contact us at info@stylebook.de.

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