New Paternity Law in Germany: More Rights for Biological Fathers

In July 2025, the German Federal Ministry of Justice introduced a draft law to reform the rules on challenging paternity. The goal is to strengthen the rights of biological fathers and implement the April 9, 2024 ruling of the Federal Constitutional Court.

Background of the Reform

The Federal Constitutional Court had ruled that the current legal framework unfairly disadvantages biological fathers. Until now, they were unable to gain legal recognition as fathers if the child was already part of a “social” family — even when biological paternity was proven.

What Will Change: Key Points of the Draft Law

1. Priority window during the child’s first 6 months
A biological father may be granted legal paternity within six months after the child’s birth — provided he proves biological parentage. During this period, an existing social bond with another father does not take precedence.

2. Individual assessment after six months
If the application is submitted later, the court must consider the nature of the child’s relationship — both with the legal and the biological father. The decision will depend on the best interests of the child.

3. Introduction of a “paternity dispute” procedure
If a legal paternity proceeding is already underway, no other man can be entered into the birth register as the father unless he also proves biological fatherhood. This rule ensures legal clarity and prevents conflicting claims.

4. Children aged 14 or older will have a say
Children aged 14 or above will be allowed to decide whether they accept a new legal father. This provision reinforces the child’s autonomy and social stability.

Purpose of the Legal Reform

According to Justice Minister Steffi Hübig, the law aims to balance the interests of the child, the current legal father, and the biological father, while keeping the child’s welfare at the center of all decisions.

Conclusion

This reform of paternity law marks a significant shift in German family law. It gives biological fathers better chances to be recognized as legal parents while respecting the child’s emotional and social bonds. The draft law also introduces much-needed legal certainty in cases of competing paternity claims.

If you need legal advice on paternity disputes or parental rights in Germany, our legal experts are here to help.