Embraces Shared Maternity Leave for Female Employees
In a significant push for equality, Federal Justice Minister Stefanie Hubig is advocating for legal reforms that would allow lesbian couples to have joint parental rights from the start of a child's life. As of mid-2025, however, non-biological mothers in lesbian couples in Germany must undergo a separate adoption process to gain full parental rights, rather than being recognized automatically as a parent alongside the biological mother.
Minister Hubig's proposed reform, often referred to as co-motherhood or joint maternity, aims to give lesbian couples parental rights on an equal footing with heterosexual couples, reflecting the social reality of family life for many lesbian couples. The initiative, though supported by Minister Hubig, faces skepticism from coalition partners, particularly the Union (CDU/CSU), creating a political obstacle in passing these reforms into law.
Currently, Germany permits joint adoption by same-sex couples since 2014. However, the issue of automatic joint parental rights at birth in lesbian couples remains unaddressed. The minister criticizes the current route through the judicial adoption procedure as laborious and burdensome for families.
Regarding constitutional challenges, no explicit information indicates an ongoing constitutional court case directly challenging the current parental law in Germany for lesbian couples. However, the Minister of Justice's call for legal reforms suggests there is recognized pressure within the political and legal landscape to amend the law to better ensure equality and constitutional consistency with non-discrimination principles.
The "responsibility community," initially proposed by former Minister of Justice Marco Buschmann, was intended for individuals who do not have a loving relationship but wish to take on shared responsibilities in daily life. However, Minister Hubig considers the idea of the responsibility community dispensable, as feedback from society and science indicated no need for this new legal institution.
Any reforms in family law will be oriented towards the well-being of the child. The minister believes that changes in family law should not wait for a ruling from the Federal Constitutional Court. If the mother dies during or shortly after birth, the child could be left without any parent.
In summary, while Germany has made important advances in same-sex adoption rights, full legal equality for lesbian couples in terms of joint parental rights from the start of a child’s life remains a work in progress, with reforms proposed but not yet enacted as of July 2025. The political and legal landscape is dynamic, and the future of co-motherhood legislation in Germany remains to be seen.
In the proposed co-motherhood or joint maternity reform, Minister Hubig aims to ensure that lesbian couples have parental rights on an equal footing with heterosexual couples, reflecting the realities of family health and women's health within these relationships. Unfortunately, the political landscape presents obstacles, with coalition partners expressing skepticism, hindering the passage of the reform. In addressing the issue, Minister Hubig critiques the current separate adoption process as burdensome for family-health and health-and-wellness, highlighting the importance of parenting rights for non-biological mothers in lesbian couples.
