Civil law

Gradual adoption law

Federal Constitutional Court, judgment of 19.02.2013 - 1 BoL 1.11, 1BvR 3247/09

The plaintiff made ​​an effort to adopt the adopted child of his registered partner ("successive adoption").

The possibilities for adoption for life partners are settled in § 9 par. 7 life partner's law (LPartG) . Thus, a life partner can adopt the biological child of their life partner ("stepchild adoption").

However, such a successive adoption was not foreseen by the LPartG

According to the Federal Constitutional Court, the § 9 par. 7 LPartG was incompatible with the principle of equal treatment under Art. 3 par. 1 basic law. The Constitutional Court asked the legislature to implement a constitutional provision until 30.06.2014.

The law in order to implement the decision of the Federal Constitutional Court on the successive adoption through life partners was published in the Federal Law Gazette I on 20.06.14 and entered into force on 21.6.14.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011