Reform planned for lesbian couples - both women recognized as mothers

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Family photo: Both partners should be called "mother" in the future

The Federal Ministry of Justice wants to strengthen the position of lesbian couples when a child is born. This emerges from a draft law that is available to the dpa news agency.

In the Civil Code, the section on motherhood is to be expanded by a paragraph: "In addition to the mother according to paragraph 1, the mother of a child is also the woman who is married to the mother according to paragraph one at the time of birth or who has recognized motherhood." Paragraph 1 says: "The mother of a child is the woman who gave birth to it." The "Süddeutsche Zeitung" and "Legal Tribune Online" had previously reported on the reform plans.

According to the report, the bill will be voted on in the government. If the law comes into force, both women would be called "mother". Having to go through an adoption process, even if it is a desired child, "is rightly perceived by lesbian couples as discriminatory," said Federal Justice Minister Christine Lambrecht (SPD), "a mother should not have to adopt her child."

Lambrecht's predecessor, Katarina Barley, had already tried a similar reform. The partner of the woman who gives birth to a child should automatically be recognized as a "co-mother" with all rights and obligations, according to a draft published by the Ministry of Justice in Berlin in spring 2019. There is no longer any talk of "co-motherhood" in the new law reform.

bbr / dpa