Germany's top court extends gay adoption law
dw.de, 19/2/2013
Germany's highest court has extended gay adoption laws
to bring them in line with rules that apply to heterosexual couples. Judges
ruled that existing laws were discriminatory.
The
Federal Constitutional Court in Karlsruhe overturned a ban on Tuesday on
so-called "successive adoptions" for gay couples in civil
partnerships.
Under
the ruling, if one partner has adopted a child, the other partner now has the
right to become the adoptive mother or father of that child as well. Until now,
they could only adopt their partner's biological child.
This aspect of adoption law had previously only
applied to heterosexual couples; a distinction which the Karlsruhe court said
went against Germany's basic law and was therefore unconstitutional.
It
ruled that same-sex couples could provide for a child as well as couples in a
traditional marriage.
"In
marriage as in a civil partnership, adoption provides the child with legal
security and material advantages in terms of care, support and inheritance
law," presiding judge Ferdinand Kirchof told the court.
The
ruling followed a legal challenge from a woman who was forbidden from adopting
a Bulgarian-born child whom her female partner had adopted.
Tuesday's
decision does not alter legislation, however, which forbids same-sex couples
jointly adopting a child. They may still only adopt the same child on an
individual basis.
Germany
legalized civil partnerships in 2001, but in spite of recent rulings in Britain
and France, has not yet moved to allow same-sex marriage.
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