Childhood law (Germany)

In the Federal Republic of Germany the law of children is mainly part of the family law regulated in the 4th book of the German Civil Code (BGB) . It deals with the civil legal relationship between parents and children (as well as with other legal representatives of minors ). The Law on Religious Raising of Children is a separate legal basis .

Child law in the BGB

Descent ( motherhood , paternity ): §§ 1591–1600 e BGB
Maintenance obligation (especially child maintenance ): §§ 1601–1615o BGB

General Legal relationships between parents and children (especially naming rights ): §§ 1616–1625 BGB

Parental custody (custody): §§ 1626–1698b BGB

Assistance from the youth welfare office : §§ 1712–1717 BGB

Adoption (adoption as a child): §§ 1741–1772 BGB

Guardianship : §§ 1773–1895 BGB

Guardianship (only partially parental authority): §§ 1909–1921 BGB

Right of parentage

The question of parentage from the maternal and paternal side is the first section of the BGB child law (§§ 1591 ff.). It was only in the framework of the 1998 reform of the child rights law that a statutory regulation was introduced as to who is the mother of a child. It is the woman who carried and gave birth to the child. This clarification was necessary in the face of new methods of reproductive medicine (egg donation, etc.). Father of a child who with her mother at the time of birth of the child married or the paternity documented recognized or has a court as the father found was. The question of contesting paternity and clarifying paternity is also regulated in this section.

Entertains

Main article: Child support (Germany)

Sections 1601 ff. BGB regulate the question of maintenance of relatives with a focus on child maintenance . Minor children are currently (at the beginning of 2007) on an equal footing with the dependent spouse of the person liable for maintenance and are given priority over adult children (who are no longer in school) and other relatives. Details of child maintenance are regulated outside of the BGB by the standard amount regulation and the constant maintenance jurisdiction of the family courts (in particular the Düsseldorf table ). A reform of the maintenance law, which should also change the ranking with respect to spouses, is in preparation. The state support payment ( maintenance advance) is regulated in the Maintenance Advance Act (UVG). Breach of maintenance obligations is also a criminal offense .

Parental care

Main article: custody

According to Art. 6 of the Basic Law, parental custody is a duty-bound fundamental right to which the parents are entitled in the first place , with personal and property custody being distinguished. The right of custody is specified in §§ 1626 ff. BGB. This also includes regulations on possible joint parental custody of unmarried parents since 1998 ( declaration of custody ), parental custody after separation and divorce , the right of access for parents and other relatives who are not custodial as well as the possibility of deprivation of custody (see child abuse ) and determination of rest included in parental custody. The state security office is incumbent on the youth welfare office and the family and guardianship courts . Before parental custody is withdrawn, support for upbringing according to Book Eight of the Social Code (SGB VIII) must be offered.

Assistance

Main article: Assistance

In the case of single parents , it has been possible since 1998 to make use of a support service from the youth welfare office , the assistance (§§ 1712 ff. BGB). According to this, the youth welfare office acts as the legal representative in determining paternity and claiming child support at the request of the single parent. This substitution measure is parallel to the educational aids contained in SGB VIII .

Adoption as a child (adoption)

Main article: Adoption

In the case of adoption, a mostly underage person is adopted as their own child by non- blood relatives ; this is done by decision of the guardianship court . It is usually preceded by a long period of family care and, in the case of foreign adoptions (to be distinguished from stepchild adoptions), usually an official adoption placement procedure through the youth welfare office .

Adoption as a child has been a full adoption in Germany since 1976, i. . h, the adopted child is with the entire family of the adoptive parents used ; the legal relationship to the family of origin is completely eliminated (with the exception of existing orphan's pensions ).

Guardianship, guardianship

Main article: Guardianship

Guardianship and guardianship represent forms of legal representation for minors (guardianship in some cases also of full age). In the case of guardianship , the guardian is the complete holder of parental responsibility; however, the actual execution is often delegated as foster parents or employees in children's homes . A prerequisite for a guardianship is the prior judicial determination of the suspension of parental custody , the withdrawal of custody due to a violation of the best interests of the child or an ongoing adoption process . Even if the sole custody parent in itself still a minor , or the marital status of the child as a foundling is unknown, the minor needs a guardian. Deviating from this, guardians are legal representatives only for part of the parental custody, e.g. B. the right to determine residence . Such guardianship is generally referred to as supplementary guardianship .