Celle (dpa) - Two women from the Hildesheim district are fighting for both of them to be entered as mothers in the birth certificate of their daughter Paula.
It is about legal equality with heterosexual married couples, said Gesa Teichert-Akkermann (45), who gave birth to Paula in February 2020, the German press agency.
Her wife Verena Akkermann (48) is one of the two mothers, Paula has known her voice since she was pregnant.
According to the current legal situation, her partner can only use the sometimes lengthy procedure of stepchild adoption.
From the point of view of the Akkermanns, this is “unconstitutional discrimination”.
Because in the case of heterosexual married couples, the father is automatically entered in the birth certificate, even if the child was created with the help of a sperm donation, for example.
This Wednesday, the Higher Regional Court (OLG) Celle deals with the case after the family's applications from Schellerten near Hildesheim were rejected in the first instance by the Hanover and Hildesheim district courts.
It was about the entry of Verena Akkermann as the second mother in Paula's birth certificate and the judicial determination of a parent-child relationship.
Currently only Gesa Teichert-Akkermann is registered.
The female couple is supported in their legal battle by the Society for Freedom Rights.
In the opinion of the association, which advocates the implementation of basic and human rights, the legal disadvantage of families like the Akkermanns is primarily at the expense of the children.
Legally Paula has only one mother and therefore has no claim to maintenance, support or inheritance from her second mother.
Verena Akkermann needs her wife's power of attorney even to visit the doctor with her daughter.
According to an OLG spokesman, it is a non-public video hearing.
A decision by the Family Senate is not expected on Wednesday, but will be sent in writing in two to three weeks.
Should the OLG Celle not recognize Verena Akkermann's motherhood, the couple want to take legal action - possibly with a constitutional complaint.
In the meantime, there is a movement of rainbow families who submit applications to family courts for recognition of both mothers as legal parents, reported Teichert-Akkermann.
The OLG Celle is not the first high court to deal with the parenting of a lesbian couple.
In autumn 2018, the Federal Court of Justice (BGH) in Karlsruhe ruled that once marriage was introduced, a female couple could not automatically become parents together.
A reform of the law of parentage is necessary, it said at the time.
The Bundestag has been discussing this for a number of years.
"It always remains with announcements," criticized Teichert-Akkermann.
«We do not trust that the political process will help us right.
So far there have only been Sunday speeches, but no amendments to the laws. "
Background information from the Society for Freedom Rights
"Nodoption" initiative by affected families