Gay couples have limited rights in Germany, and the option of adopting a child into a same-sex family has been one of those rights not afforded, but a recent ruling in the country’s high court may have opened a new door for the wannabe parents.
On Wednesday, the Federal Court of Justice ruled that a South African child born to lesbian mothers would be granted full German citizenship, something that was denied when the two women registered their partnership in Berlin.
The case was tricky as the birthmother was South African and the other woman was German, and while the two were legally married in the African nation, the “marriage” is not recognized in Germany. Since the biologically mother was foreign, Germany would not offer citizenship to the child.
When it comes to heterosexual couples, they have full marriage rights which allow for full citizenship to any couple’s children, natural or adopted.
There have been some loopholes in the German system for same-sex couples wanting to adopt the biological child of their partner, usually a child from a previous “heterosexual” marriage, but the German woman in this case did not do that.
With this case though, the judge ruled in favor of recognizing the South African laws where the child had originally been living, and will grant full German citizenship.
While this does not change the German law, it is one more case giving strength to same-sex couples wanting children.