Constituional Court on adoption rights
(19 February 2013) LSVD (Lesbian and Gay Federation in Germany) welcomes the positive judgement of the Federal Constitutional Court. The judgement made public today strenghtens the rights of children in same-sex families. From now on, adopted children in rainbow families finally have the same rights as children in heterosexual families.
We demand legislators to dispose of remaining disparities in adoption law. This can be effected fast and unbureaucratically by repealing the ban on joint adoption which is now possible via sucessive adoption in two steps anyway. There is no room for ideological blockades in family law. The judgement proves to legislation that only equal rights can serve as a benchmark.
The German Federal Government and Chancellor Merkel should finally give up their discriminating politics. After five charges due to discrimination of registered partnerships to date, even the last hardliner should have come to realize that such politics are against the law.
To the current date, it was impossible for adopted children to be adopted by the second mother or father. The Court has evaluated this practice as an infringement of the regulation for equal treatment and thus has declared it unconstitutional. Section 9 para 7 LPartG (Registered Partnership Act) must now be interpreted in such a way that co-adoption is possible for the second partner.
For children in rainbow families this decision means further legal certainty as well as doubled rights with regard to alimony and inheritance.