Germany’s highest court confirms adoption by mother’s lesbian partner

PinkNews Staff Writer August 27, 2009
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The Federal Constitutional Court in Germany has confirmed that gay and lesbian people can adopt their partner’s children, overturning a previous court ruling.

The country’s highest court rejected the argument that to allow the female partner of a child’s mother to adopt would undermine the rights of the other biological parent.

“The earlier decision failed to consider the fact that the role of a child’s parent is not only determined by his or her biological progenitor but based on the social-familial community caring for the child,” the court ruled, according to

A recent study revealed that 6,600 children in Germany are being raised by gay and lesbian parents.

However, gay or lesbian people or couples cannot adopt children they are not related to.

Social Democrat politicians, including Germany’s Justice Minister Brigitte Zypries, have called for a change to the law.

Gay and lesbian couples can register their partnerships and their rights include most of those of marriage, including the possibility of stepchild adoption, but they are denied the same tax benefits.

More: Europe

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