How queer.de reported on 25.09.2009 , the Federal Constitutional Court rejected a requested by the District Court of Schweinfurt constitutional review of stepchild adoption for registered civil partners.
Karlsruhe found that the biological parenthood have no precedence over social parenthood. In the present case, the Franconian district court wanted to prevent a lesbian can adopt the biological child of their registered civil partner , although the biological father of adoption had already agreed . The magistrate had argued that the stepchild adoption was unconstitutional because it assimilates the life partner of a biological parent with the other biological parent.
This argument rejected the constitutional judges. They pointed out that for gays and lesbians the children of their registered civil partner should adopt the same way as heterosexuals in a marriage. The much-quoted Article 6 of the Basic Law (special protection of marriage and family) 'm not prevent because the parents position would be determined to a child not only by descent. Social and biological parentage had to be regarded as equal.
The Lesbian and Gay Federation welcomed the "positive decision" Karlsruhe: " The decision is a clear positive opinion on the debates on the adoption rights for lesbians and gay men," said LSVD spokesman Manfred Bruns.
The FDP - legal expert Sabine Leutheusser -Schnarrenberger increased after the decision to press on the desired coalition partner of her party: "The FDP calls for the Union, and especially the CSU to finally recognize the social realities and to abandon their opposition to a full adoption rights of domestic partners", said the former Minister of Justice of the Kohl government. The Liberals have always pointed out that "the common law of adoption is an expression of the reality of life in our society".
The Greens announced that they want to enforce in the next legislative period at a government participation, the adoption rights for gay couples: "A standard exclusion of same-sex couples by the Community adoption law is discriminatory As with all couples who endeavor to adoption, should also among them. prejudice the suitability be tested , "said Group Managing Director Volker Beck.
The stepchild adoption was introduced against the bitter opposition of the Union in 2004. Thus, the registered civil partners adopt the biological child of his spouse.
The adoption of foreign children by gay couples is in Germany - unlike, for example in Spain, the UK and much of the U.S. - forbidden. However, an individual should adopt . With the exception of the Union, however, put all the parties represented in the Bundestag for equality of gays and lesbians in adoption law. Federal Justice Minister Brigitte Zypries (SPD) published a month ago, a study is in the evidence that children have no disadvantages in rainbow families. Union politicians throw gays and lesbians , however, to be no "best family".
Should gay pairs be allowed to adopt children? --->Weltonline.de