Berlin (dpa / bb) - The Berlin Chamber Court also submits a case to the Federal Constitutional Court for the recognition of two mothers.

The complaint procedure in the capital has therefore been suspended, the court announced on Thursday.

The 3rd Civil Senate of the Higher Regional Court considered the regulation in the Civil Code, according to which the man can only be the father of a child born there in a heterosexual marriage, as unconstitutional, it said.

It was only on Wednesday that the higher regional court in Celle (Lower Saxony) referred a case for the recognition of two mothers to the highest German court in Karlsruhe.

The judges there also consider it unconstitutional that there are no provisions for a married couple in the paragraphs on parenting.

The court in Celle should actually decide whether the one-year-old Paula legally has two mothers and whether these are to be entered in the birth certificate.

The case had sparked nationwide interest.


In Berlin, a married couple wants their wife to be recognized as a co-mother.

According to the court, the child born in the marriage was conceived by an anonymous sperm donation.

The Tempelhof-Kreuzberg district court had initially rejected the applications, the case then went to the next instance.

According to the announcement, the judges at the Chamber Court see the current regulations violating the fundamental rights of the child and the wife.

The unequal treatment of children born into a marriage between two women can no longer be justified.

© dpa-infocom, dpa: 210325-99-968463 / 2

Press release