Nicht Ohne Meine Eltern

Nicht Ohne Meine Eltern: A Guide to German Family Law

Understanding the German Legal Framework for Families

German family law is a complex and comprehensive system that governs various aspects of family relationships, including marriage, divorce, child custody, and adoption. It is based on the principles of equality, protection of children, and the promotion of family cohesion.

The German Civil Code (Bürgerliches Gesetzbuch, or BGB) is the primary legal framework for family law. It defines the rights and responsibilities of family members and sets forth the legal procedures for family-related matters.

Marriage in Germany

Marriage in Germany is a civil contract entered into by two individuals of any gender and requires official registration with the Standesamt (civil registry office). Same-sex marriage has been legal in Germany since 2017.

Married couples have the option of choosing different marital regimes, such as joint tenancy or separation of property. They also have the right to adopt children jointly.

Divorce in Germany

In Germany, divorce can be granted on various grounds, including irretrievable breakdown of the marriage, adultery, or separation for a specified period. The process involves filing a petition with the family court and undergoing a mandatory mediation session.

The court will determine the division of marital property, child custody arrangements, and spousal support (if applicable). In cases involving children, the court's primary consideration is the best interests of the child.

Child Custody in Germany

In Germany, both parents have equal rights and responsibilities regarding their children. In the event of divorce or separation, the parents can jointly agree on a custody arrangement or seek a court order.

The court will typically award sole custody to one parent, but may also consider joint custody arrangements if it is deemed to be in the best interests of the child.

Adoption in Germany

Adoption in Germany is a legal process that allows individuals or couples to legally become the parents of a child who is not biologically theirs. It requires approval from the youth welfare office and a court order.

In Germany, step-parent adoption is common, as well as adoption of children from other countries through international adoption agencies.