• Germany edition
 
High court strengthens gay adoption rights
Photo: DPA

High court strengthens gay adoption rights

Published: 19 Feb 2013 13:03 GMT+01:00
Updated: 19 Feb 2013 13:03 GMT+01:00

The Constitutional Court said the ban on successive adoption by gay partners breached their rights to be treated equally, and lifted it with immediate effect.

This means that when one person has adopted a child, their same-sex partner will now be able to become the official second parent by also adopting. But the decision still falls short of the adoption rights of married heterosexual couples.

The rules in effect until now have breached the rights of the prospective parents as well as the children, Ferdinand Kirchhof, chair of the Constitutional Court senate which ruled on the matter.

The discrimination was not justified, he said, adding that the additional adoption by the second partner served the interests of the children concerned. This could serve to "develop a stabilizing developmental and psychological effect," he said.

The legal situation of the child concerned would also be improved, the court said - particularly in matters of financial support and inheritance.

The test case being considered was that of a doctor from Münster whose partner had adopted a girl from Bulgaria in 2004. The child, now 13, lives with the couple in a joint household, but a court had rejected the doctor's application to become a second parent. This decision was overruled on Tuesday.

The high court judges also gave the government until the end of June 2014 to implement new laws, but said its ruling was effective immediately.

Renate Künast, parliamentary leader of the Greens, said this was a "victory for children."

"Family is where adults take on responsibility, no matter whether straight or gay," she said in a statement.

But the ruling does not touch on the fact that people in civil partnerships cannot adopt children as a couple - that right is restricted to married couples.

Germany introduced registered partnerships of same-sex couples in 2001, granting them similar rights to those of married couples, apart from in tax matters and adoption.

The Local/AFP/hc

The Local (news@thelocal.de)

Don't miss...X
Left Right

Your comments about this article

09:58 February 20, 2013 by Firmino
A tiny little step in the right direction...
13:00 February 27, 2013 by eddyjacobsen
DISGUSTING!!!!

The worst ever crime against the Human Race than the concoct of Hilter's

www.kveldsposten.com
Today's headlines
Coalition horsetrading starts after Saxony vote
CDU leader Stanislav Tillich with SPD Martig Dulig. Photo: DPA

Coalition horsetrading starts after Saxony vote

Chancellor Angela Merkel's Christian Democratic (CDU) party is in search of a new partner after the expulsion of its former allies the Free Democrats (FDP) from the Saxon state parliament. READ  

Presented by Phorms Education
Bilingual education from nursery to graduation
Photo: Phorms Education

Bilingual education from nursery to graduation

A network of German based schools is changing how students learn languages by introducing English and Deutsch from day one, with the method yielding impressive academic results. The Local finds out more about Phorms Education. READ  

JobTalk Germany
'German bosses need to praise more'
More of this? Photo: Shutterstock

'German bosses need to praise more'

What do German bosses need to do to get more out of their staff? Frankfurt-based business consultant Justin Bariso has this advice. READ  

Germany to send Kurds weapons shipment
German soldiers training with machine guns. Photo: DPA

Germany to send Kurds weapons shipment

Chancellor Angela Merkel is to address the Bundestag on Monday to detail the weapons her government will send to Iraqi Kurds fighting terrorist group Isis. READ  

Train drivers take their turn to strike
A banner announcing a previous rail strike in June is displayed in a station. Photo: DPA

Train drivers take their turn to strike

A train drivers' union has warned of a nationwide strike to take place on Monday evening as it seeks leverage in negotiations with Deutsche Bahn. READ  

Weak exports hit German GDP
Germany isn't sending as many goods abroad as at the beginning of the year. Photo: DPA

Weak exports hit German GDP

GDP fell by 0.2 percent in the second quarter of 2014 but state coffers are doing well, the Federal Office of Statistics Destatis announced on Monday. READ  

Anti-euro breakthrough
Anti-euro AfD nears 10 percent in state election
AfD politicians Hans-Olaf Henkel MEP and leader Bernd Lucke, celebrate the party's success in Saxony on Sunday. Photo: Daniel Naupold/DPA

Anti-euro AfD nears 10 percent in state election

UPDATED: Germany's anti-euro party, AfD, won its first seats in a state parliament on Sunday after elections in Saxony, according to preliminary results. READ  

Berlin to open memorial to Nazis' disabled victims
Auschwitz. Photo: DPA

Berlin to open memorial to Nazis' disabled victims

Benjamin Traub, a sad-eyed German boy born in 1914, was considered a bright child by his parents and called gifted by his teachers. His life would end in a Nazi gas chamber. READ  

Anti-euro party to debut in state parliament
AfD leader Bernd Lucke celebrates his party's EU election results. Photo: DPA

Anti-euro party to debut in state parliament

Germany's fledgling anti-euro party looks set to win its first seats in a state parliament on Sunday, gaining a political foothold in opposition to Chancellor Angela Merkel's grip on power. READ  

Stakes rise in Oracle-SAP copyright fight
Photo: DPA

Stakes rise in Oracle-SAP copyright fight

US appeals court on Friday ruled that Oracle be given a choice between $356.7 million or a new trial for its copyright lawsuit against German rival SAP. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Sponsored Article
Bilingual education from nursery to graduation at Phorms
Photo: Shutterstock
Gallery
Ten of the oddest things found by German border control
Photo: Gerkan, Marg and Partners/Tegel Projekt GmbH/J. Mayer
Berlin
How will Berlin look in five years' time?
Photo: DPA
Culture
Sprechen Sie Deutsch? 10 reasons why you should
Photo: DPA
Gallery
The best of Berlin's mayor Klaus Wowereit in 14 pictures
Photo: DPA
Politics
Germany sends burgers and sausages to Kurds
Photo: Matthias Kock
National
Tribes, ties and a movie: A German's Afghan life
Photo: DPA
Gallery
10 things to do before summer in Germany is really over
Photo: DPA
Gallery
The mysteries of Berlin's abandoned theme park
Photo: Europeana.de 1914 - 1918
Gallery
A German soldier's life behind WWI lines
Photo: DPA
Business & Money
JobTalk: All you need to know about working in Germany
National
Share news tips with The Local Germany
Latest news from The Local in Austria

More news from Austria at thelocal.at

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Denmark

More news from Denmark at thelocal.dk

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

3,418
jobs available
Toytown Germany
Germany's English-speaking crowd