Projekt „Regenbogenfamilien“

Dr. Elke Jansen

Gay and lesbian family planning in Germany

– options and constraints –

Dr. Elke JansenManager of the project „Regenbogenfamilien“, LSVD

Ljubljana

October 16th 2009

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

A currently released study on behalf of the German Ministry of Justice (BMJ) reports: In Germany at least 7.000 children grow up in LGBT-families (rainbow families), 2.200 of these in registered partnerships (RP).

LGBT families in Germany – current facts

- 4 ways to build a rainbow family in Germany after coming out-

lesbian mothers: donor insemination

lesbian mothers & gay fathers together: queer family

Lesbians & gays: (international) adoption

lesbians & gay: foster family

RP: 48 %

BMJ study 2009

RP: 6 %

RP: 2 %

Whereas the majority of children in rainbow families were born in previous heterosexual relationships of their parents in registered partnerships it’s only half of them.

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

Lesbian mothers by donor insemination

An increasing number of lesbian women opt for donor insemination. These children usually are born and raised in an established same sex relationship.

There is no legal support for using fertility treatments for non-married couples or singles.

- Current obstacles and options in Germany -

Alimony law makes donor insemination a lot more difficult for lesbians.

The right of Second-Parent Adoption for registered partners at first encouraged private donors and fertility centres to support lesbians.

The German Medical Association stops this progress by professional regulations.

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

Queer families - Lesbian mothers & gay fathers together

Since the millennium: More often lesbians and gay men choose to built up a family together, a so called queer family.

German law, which allows only two persons for child custody, fails to support the needs of queer families as well as most patchwork-families

- Current obstacles and options in Germany -

Second parent adoption by social mother & private contract with fathers concerning special rights

Biological parents stay legal parents & private contract with social parents

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

Building a rainbow family by adoption

In Germany only very few lesbians and even less gay man chose to built up a family by adopting children – because it is not a promising way at the moment.

Joined adoption is not permitted for registered partners.

- Current obstacles and options in Germany -

International adoption: pros & cons by looking like a “single”

LGBT parents can turn to foreign countries, which allow single parents adoptions by foreigners - regardless their sexual orientation.

There are only few countries at a time, which allow single parents adoptions by foreigners.

Lesbian women and gay men are entitled to adopt children individually.

Single men, who want to adopt a child, easily raise “suspicion of paedophilia”

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

Lesbian women and gay men give care to foster children

While “joined adoption” is not permitted for registered partners same-sex couples are increasingly welcome as foster parents.

- Current obstacles and options in Germany -

Not all child welfare workers in Germany, who deal with foster children, are (yet) open to OR familiar with the idea of same-sex foster parents.

The need still remains to raise more awareness of the benefit of same sex parenthood especially among the staff of German youth welfare.

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

Germany: Necessity of changeLesbians & gay, who wish to share their lives with children,

need …

Immediate legal recognition of two mothers at the time of their child’s birth (equal to married couples)

Second parent adoption to be applied to adopted as well as biological children of one of the partners (otherwise children in the same family can be legally discriminated because of their origin)

“joined adoption rights” for civil partners

Legal protection against discrimination for access to sperm banks and fertility treatment

Family law that enables people in non-traditional families to share responsibility for their children’s upbringing and welfare

... and of course the complete integration into family support schemes (e.g. tax law and right of custody).

Projekt „Regenbogenfamilien“

Dr. Elke Jansen

German rainbow families: “Hot” summer 2009 before the change of government

“Today it is a good day for all of us, who focus on facts and not on prejudice…”

07/23/2009The (former) German Minister of Justice, Brigitte Zypries, presented the results of a representative study about children living with same sex parents (rainbow families) in Germany.

08/25/2009The German Federal Constitutional Court affirmed that homosexual couples have the right to adopt their partner's children and that this right is not unconstitutional.

“Parenthood - as it is especially protected by the German state - doesn’t mean only biological parents but also social or judicial parenthood …”