{"id":5603,"date":"2026-04-08T17:39:39","date_gmt":"2026-04-08T15:39:39","guid":{"rendered":"https:\/\/www.anwaelte-schneider-stein.de\/?p=5603"},"modified":"2026-04-08T17:39:39","modified_gmt":"2026-04-08T15:39:39","slug":"the-new-right-to-contest-for-biological-fathers-reform-as-of-1-april-2026","status":"publish","type":"post","link":"https:\/\/www.anwaelte-schneider-stein.de\/en\/ssp-news\/das-neue-anfechtungsrecht-leiblicher-vaeter-reform-zum-1-april-2026\/","title":{"rendered":"The new right of natural fathers to contest - reform on 1 April 2026"},"content":{"rendered":"

Dr Marko Oldenburger, Hamburg<\/strong><\/p>\n

With effect from 1 April 2026, the \u201eAct Implementing the Ruling of the Federal Constitutional Court on the Avoidance of Paternity\u201c came into force. This is the legislator's response to the constitutional requirements and fundamentally reorganises the law of avoidance. The following article provides a precise overview of the main changes and their practical effects.<\/p>\n

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  1. \u00a7 1600 BGB new version: Introduction of a 4-stage examination<\/strong><\/li>\n<\/ol>\n

    The centrepiece of the reform is the complete restructuring of \u00a7 1600 BGB. The contestation procedure now follows a four-stage examination:<\/p>\n

    First stage:<\/strong>
    \nIn the case of underage children, the challenge is generally successful if none<\/strong> social-familial relationship<\/strong> exists between the child and the legal father. A legal presumption assumes the absence of such a relationship within the first year after paternity is established.<\/p>\n

    Second stage:<\/strong>
    \nWithin the one-year period, the legal father can prove that a social family relationship has already been established in order to rebut the presumption.<\/p>\n

    Third stage:<\/strong>
    \nIf it exists (either after the expiry of the one-year period or on the basis of a special presentation), the biological putative father can counter this with his own efforts or an existing social family relationship. Failed efforts by the biological father may also be taken into account, provided he is not responsible for their failure.<\/p>\n

    Fourth stage:<\/strong>
    \nIf there are two competing paternity positions, the court must decide in favour of (and against) one father. Only if the continuation of paternity is in the best interests of the child, taking into account the legitimate interests of the parties involved, can the court decide in favour of (or against) one father. required<\/strong> the challenge would be unfounded. To this end, the family court will have to comprehensively assess existing ties and the consequences of a paternity swap; the duration and intensity of the ties and, for the first time, domestic violence must also be taken into account.<\/p>\n

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    1. Contestation period remains in place<\/strong><\/li>\n<\/ol>\n

      The contestation period is still two years<\/strong>. What is new, however, is that an existing socio-familial relationship can expressly does not inhibit<\/strong>. A missed deadline can therefore no longer be compensated by a later resumption (\u00e0 4).<\/p>\n

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      1. Personal contestation and the role of the child<\/strong><\/li>\n<\/ol>\n

        Contestation will in future be strictly to explain personally<\/strong>. Different rules apply to minors depending on their age. Particularly relevant in practice:<\/p>\n