#BGBl. 2026 I Nr. 83Law Implementing the Federal Constitutional Court Ruling on Paternity Contestation of March 29, 2026
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This federal law, published in the Federal Law Gazette (BGBl. 2026 I Nr. 83) on March 31, 2026, implements a ruling by Germany's Federal Constitutional Court (Bundesverfassungsgericht) concerning the legal procedures and rights surrounding paternity contestation (Vaterschaftsanfechtung). The legislation amends several key legal frameworks, including the Civil Code (BGB), the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG), and civil status law, to align national family law with constitutional requirements. The law expands or clarifies the standing and procedural rights of parties involved in paternity disputes — including biological fathers, legal fathers, mothers, and children — ensuring that contestation proceedings comply with fundamental rights guarantees as determined by the Constitutional Court. It addresses scenarios where the existing statutory rules were found to be incompatible with the Basic Law (Grundgesetz), particularly with respect to the right to know one's biological origins and the protection of family life. Amendments also touch on the Social Code (SGB), reflecting downstream consequences for maintenance, inheritance, and social benefit entitlements that are tied to legal parentage status. Civil status registrars and family courts will be required to follow revised procedures when handling paternity contestation cases going forward.
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Key Changes
- Amendments to the Civil Code (BGB) revise the statutory rules on paternity contestation to comply with the Federal Constitutional Court's ruling, including revised standing rights for biological fathers, legal fathers, mothers, and children
- Procedural rules under the FamFG (Act on Proceedings in Family Matters) are updated to reflect constitutional requirements for contestation hearings, including time limits and burden of proof provisions
- Civil status law (Personenstandsgesetz, FNA 315-24) is amended to require registrars to apply updated procedures when recording or altering paternity entries following a successful contestation
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