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Even after an adoption, the biological mother is generally obliged to provide the child with information about the identity of the biological father.
That was the decision of the Federal Court of Justice (BGH) in the case of a woman born in the 1980s who was adopted as a little girl.
The biological mother stated that she only noticed the pregnancy in the seventh month and could not remember any possible father.
The biological mother was only 16 years old when her child was born, as the BGH explained.
After the daughter was adopted, the two only saw each other again in 2003 through the mediation of the youth welfare office.
The daughter sued the court for information about the biological father – initially unsuccessfully before the district court in Stuttgart.
The Stuttgart Higher Regional Court then ordered the mother to name all the men with whom she had sexual intercourse at the time in question.
On the other hand, the mother lodged an appeal with the Federal Court of Justice, which has now rejected it.
He referred to the duty of care and consideration of parents and children.
The state is also obliged to protect individuals from withholding available information about their origins.
BGH emphasizes the right to know one's own descent
The BGH explained that this is not just about enforcing financial interests.
Rather, the right to know one's own descent is strengthened.
It does not matter that the daughter has adoptive parents.
The obligation to provide information had already arisen before the adoption.
The mother also did not claim that her privacy could be violated.
(Az. XII ZB 183/21)
fek/AFP