On 12 January 2026, Dr Marko Oldenburger expressed his opinion as Expert in the Legal Committee of the German Bundestag Criticism of the „minor“ reform of parentage law planned by the Federal Government. In his statements for the German Bar Association he made clear:
👉 The planned new parentage law falls short of the constitutional possibilities and the actual family realities.
Background: Why parentage law needs to be reformed
In 2024, the Federal Constitutional Court ruled that the previous right of natural fathers to contest a child's unconstitutional is. Since then, the legislator has been obliged to reorganise the law of descent - particularly with regard to:
- the Parental rights under Article 6 GG,
- the Fundamental rights of biological fathers and
- the The best interests of the child as a constitutional standard.
Although the present government draft takes up these requirements, it remains deficient in some areas from a technical perspective.
Key points of criticism from Dr Oldenburger
- The best interests of the child must take precedence over formal parenting models
In Dr Oldenburger's opinion, the law should not categorically adhere to outdated two-parent models. One consequence of this is that one of the responsible parents must be taken away from the child and replaced by another person who is genetically linked to the child and also bears responsibility. As a result of this dispute over individual positions, the Child welfare not only insignificantly impaired. The Basic Law excludes Multi-parent constellations expressly not excluded. If there are more than two people willing and able to take responsibility, they may even be the significantly better solution.
➡️ If stable social relationships exist and all parties involved are able to co-operate, a legal three-parent constellation may be in the child's best interests.
- Legal recognition of modern family realities
Today, families are created in many different ways - for example through Patchwork or Reproductive medicine. Gender identities do not play a decisive role in parenthood. Parents can be people of all gender identities. Nevertheless, „mother“ and „father“ should remain exclusive. The Federal Government continues to base parenthood on procreation by „women“ and „men“ or their potential ability to procreate. Same-sex Couples are denied any right to parenthood (with the exception of adoption). Paternity can be established by public deed without any conditions. It does not depend on a genetic connection. However, a woman (in addition to the mother) cannot become a parent. Not even if the child is genetically descended from her. The current parentage law does not adequately reflect these realities of life, and the draft law does not improve this situation.
Dr Oldenburger therefore advocates:
- more Flexibility in parentage law,
- a stronger orientation towards actually lived responsibility
- and the courage, social and genetic-biological parenthood should be treated equally.
- Private sperm donors must not destabilise families
Sperm donation is permitted in Germany, egg donation is prohibited. A man can donate sperm privately, and the mother and (legal) father are not allowed to contest their parental status. One of Dr Oldenburger's main points of criticism therefore concerns the No legal regulation of private sperm donation provided forWhoever consciously and bindingly renounces parental responsibility and supports others in the fulfilment of their desire to have children through their gametes should not be able to become a (genetically identifiable) parent themselves.
➡️ Without a clear legal exclusion of ascertainability, there is a risk of considerable legal uncertainty - to the detriment of existing families and especially the children concerned.
- Avoid unnecessary legal proceedings
The draft law forces putative fathers (persons from whom the child is genetically descended) to challenge existing family constellations by means of a court application for annulment even if they are worthy of protection and their own application will be unsuccessful - solely to meet the deadline.
Dr Oldenburger criticises: This leads to
- unnecessary Emotional stress for children
- avoidable Costs for families
- a weakening of the Legal and status certainty as to who is or could be the parent.
Conclusion: Modern parentage law needs clear guidelines
From the perspective of Dr Oldenburger It is clear that a modern law of descent must
- the Focusing more consistently on the best interests of the child
- Give greater weight to willingness to take responsibility
- social realities instead of formal categories map.
The current draft law should be improved in this sense.
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