Promotes collaborative maternity opportunities for females
In Germany, joint adoption by same-sex couples, including lesbian couples, has been a legal reality since 2014, granting them equal legal parental status under adoption law. However, when it comes to joint parenthood from the beginning of a child's life, especially for biological mothers in lesbian couples, the situation is more complex.
Currently, the non-biological mother does not automatically receive joint parenthood status at birth. Instead, she must go through a legal adoption process after the child’s birth to acquire parental rights. This is because German law has not fully adapted to recognise both mothers as parents from the outset.
There is ongoing advocacy for reforming parental law in Germany to enable joint motherhood from birth for lesbian couples. This would mean granting automatic legal recognition to both mothers without requiring second-parent adoption. As of mid-2025, no finalised legal reform has been implemented yet.
Federal Minister of Justice Stefanie Hubig, formerly Minister of Education in Rhineland-Palatinate before moving to Berlin, has proposed enabling lesbian couples with children to have joint parenthood from the beginning. Hubig considers a change in the current parental law for co-motherhood to be sensible, stating that feedback from society and science showed that no one needed the new legal institution of the "responsibility community" proposed by former Justice Minister Marco Buschmann.
The coalition agreement of CDU, CSU, and SPD does not foresee any changes in the parental law regarding co-motherhood. However, Hubig wishes for reforms to family law to not wait for a ruling from the Federal Constitutional Court, as several German courts consider the current parental law regarding co-motherhood to be unconstitutional.
Despite the lack of a detailed plan or timeline for amending the parental law to enable joint motherhood from the beginning, the topic remains a significant focus in advocacy for LGBTQ+ family rights within Germany and Europe more broadly. It is worth noting that if the mother dies during or shortly after birth, the child might not have any parent at all.
In summary, while joint adoption is firmly established, the legal recognition of joint motherhood from birth for lesbian couples is still awaiting reform in Germany. The discussions and advocacy continue, and the hope is that soon, both mothers in lesbian couples will be legally recognised as parents from the start of their child's life.
- Advocates for reform in Germany's parental law suggest that both mothers in lesbian couples should be granted automatic legal recognition as parents from the start of their child's life, eliminating the need for a second-parent adoption.
- Federal Minister of Justice Stefanie Hubig, who was previously Minister of Education in Rhineland-Palatinate, has proposed enabling lesbian couples with children to have joint parenthood from the beginning, deeming it a sensible change in the current parental law for co-motherhood.
- To expedite the process, Minister Hubig expresses the hope that reforms to family law related to co-motherhood will not be postponed until a ruling from the Federal Constitutional Court, as several German courts have already deemed the current law regarding co-motherhood unconstitutional.
- The ongoing discussions and advocacy for LGBTQ+ family rights within Germany and Europe more broadly highlight the importance of amending parental law to enable joint motherhood from the beginning, to prevent potential situations where a child might not have any parent in the unfortunate event of the mother's death during or shortly after birth.
