The federal government is pushing for more aggressive measures against false paternity claims.
Interior Minister Nancy Faeser (SPD) and Justice Minister Marco Buschmann (FDP) are pushing for a more rigorous review process with their draft law. If passed, the approval of the foreigners' authorities would be necessary to recognize a child's paternity, even in cases of suspected misuse.
The Justice and Interior Ministries claim they have dealt with 1,769 potential misuse cases from January 2018 to December 2021. approximately 290 of these were labeled as misuse of paternity recognition. Additionally, they investigated 1,800 cases abroad. The agencies believe there are many undetected instances of sham paternity.
Currently, the paternity recognition procedure can be halted if there are noticeable signs of misuse. However, the governments argue that these cases are frequently not recognized early enough because it's up to the authorities responsible for confirming paternity, such as youth welfare offices or notaries, to spot these instances.
These authorities face challenges obtaining relevant information about potential misuse, according to the ministries. As a result, misuse cases are often only discovered late. Afterward, the correction of a recognized paternity is not an option.
The revised law intends for the registry office to determine if a potential misuse case falls under the purview of the foreigners' authorities. If the father and mother have different residency statuses, such as a German citizenship and a tourist visa, the case would automatically be referred to the foreigners' authorities.
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The SPD, with Nancy Faeser as its representative in the federal government, is supporting the push for stronger actions against false paternity claims. Justice Minister Marco Buschmann, from the FDP, is also involved in this initiative. Their proposed draft law seeks to implement a more thorough scrutiny process, requiring approval from foreigners' authorities for the recognition of paternity in suspected misuse cases.
If enacted, the draft law would significantly impact men, as they would face stricter regulations in claiming paternity. The Federal Cabinet supports this initiative, recognizing the need for stricter measures to combat false paternity claims.
Siblings of children involved in these cases may also be affected, as the revised law aims to prevent the misuse of paternity recognition. The Traffic Light Coalition, consisting of the SPD, FDP, and the Green Party, is backing this draft law.
The FDP, represented by Marco Buschmann, is part of this coalition and is instrumental in pushing for these changes. The FDP shares this goal with the SPD, highlighting the unity within the coalition on this issue.
Moreover, the revision of the law could lead to more referrals of potential misuse cases to the foreigners' authorities. This would be particularly relevant in cases where the father and mother have different residency statuses, such as a German citizenship and a tourist visa.
The revised law could potentially reduce the number of undetected instances of sham paternity, benefiting the justice system and upholding the integrity of family relationships.
