The Federal Constitutional Court affirms that the law allows there to be more than two parents. Justice Minister Buschmann is doing all this too quickly.
Courage for a mosaic family Photo: Elmar Gubisch/imago
The Federal Constitutional Court showed courage for a fragmented family. While we have long seen many patterns of parenting in real life (with three, four or more social parents), the legal situation until now has been strict. There can only be a maximum of two legal parents; all other caregivers of the child only have visitation rights.
But that could end now. Karlsruhe re-examined the Basic Law and realized that there is no limit on the number of parents. From now on, the legislator could also allow three legal parents, for example the mother, the biological father and the mother's new boyfriend.
But Marco Buschmann, the Justice Minister of the supposed “progressive coalition”, has already refused. He does not want to make use of the new options and only wants to implement Karlsruhe's minimum requirement: an enhanced right to challenge paternity for biological fathers.
The expert hearing before the Federal Constitutional Court showed that children can cope with more than two caregivers if all parents care for them with love and trust. What is not good for children are the constant and unpleasant arguments between caregivers. And as is well known, this also happens in classic parental couples.
One might assume that a greater number of vocal fathers also increases the likelihood of breakups. But is it really more promising for family peace if there is only one legal father and the conflict is resolved in court?
In any case, the Karlsruhe ruling is correct. It eliminates obsolete restrictions, but does not force the legislator to make use of the new freedom. Thus, society and politics will gradually get used to the fact that there can be three legal parents. And once the idea has collectively matured, it will be implemented, perhaps within ten years.