The legal parent role does not depend on parent's gender, but on contribution it has made to reproduction. This was decided by Federal Supreme Court (BGH) (AZ. XII eg 459/16). Legal mor of a child is thus "only woman who has born child". Thus, "reproductive contribution of male-to-female transsexuals through sperm donation" conversely justifies ir paternity.
Had sued a man-to-woman transsexual who legally has been a woman since 2012. Before that, she had to freeze a sperm donation with which her life partner had been fertilized and 2015 common child. The transsexual had acknowledged before birth in a notarial deed to be mor of child. The registry office, on or hand, carried partner as a mor in birth register and rejected applicant's wish to be registered as a mor as well. On or hand, transsexuals complained, but lost in district Court Schöneberg. The Berlin Chamber Court dismissed a complaint from transsexuals against verdict.
The BGH has now confirmed decision of Chamber court. Although rights and obligations dependent on sex are determined by legal force of decision that a transsexual is to be regarded as belonging to opposite sex, according to new sex, unless orwise specified by law. Such a decision does not, however, leave legal relationship between him and his children untouched. This provision of Transsexuellengesetzes also applies to such biological children of a transsexual who were born after decision to change parental sex.
The regulation ensures, from point of view of judges, that legal status, determined by birth or procreation, is secured as a mor or far of child and is not accessible to a change. Legal mor of child is, according to law, only woman who born child. The Elternschaftsbeteiligung of transsexuals, whose reproductive contribution was sperm donation, could only be paternity.
The BGH pointed out that Transsexuellengesetz, in accordance with Basic Law, ensures that children concerned are always legally assigned a far and a mor, despite legal sex change of a parent. In September last year, in reverse constellation, court had already ruled that a woman-to-man transsexual would be legally regarded as mor of a child born of his own accord, if legal recognition of transsexual When man comes to world.
Date Of Update: 05 January 2018, 12:03
