Supporting shared maternity leave for females at their workplace by Hubig
In a significant shift for family law, Germany legalised joint adoption for same-sex couples, including lesbian couples, in 2017[2]. This landmark decision secures legal parenthood for both partners in a same-sex relationship under German law.
Beyond adoption, female same-sex parents in many OECD countries, including Germany, have access to maternity leave for biological mothers and parental leave provisions for the non-biological mother, subject to being married, in a registered partnership, or cohabiting[1]. This recognition of joint motherhood in practice extends beyond the legal sphere of adoption.
Recent developments in the realm of joint motherhood have been limited in Germany. While there has been ongoing scholarly discussion and legal analysis about recognition and protection of queer families in Europe[5], no notable legislative reforms specifically changing joint motherhood law in Germany were identified as of mid-2025.
However, the trend towards the use of assisted reproductive technologies such as reciprocal IVF (shared motherhood), where one partner provides eggs and the other carries the pregnancy, is gaining momentum worldwide[4]. This development may influence parenthood recognition and could potentially impact the legal landscape for joint motherhood in Germany in the future.
It is important to note that the "responsibility community," a concept proposed by former Justice Minister Marco Buschmann (FDP), is not related to the current legal situation of lesbian couples with children, where the partner of the woman who gives birth must adopt the child to become a legal parent. The current Minister, Stefanie Hubig, considers the "responsibility community" unnecessary[3].
Minister Hubig advocates for lesbian couples with children to have joint parenthood from the start, and she wishes for sensible reforms of family law not to be delayed until the Federal Constitutional Court orders them[3]. Concrete plans for co-motherhood were in place at the Federal Ministry of Justice in fall 2024, but were not implemented after the collapse of the traffic light coalition[3].
The coalition agreement of CDU, CSU, and SPD, which guides legislative reforms, stipulates that any changes in family law will be guided by the well-being of the child[3]. Minister Hubig's stance on the matter aligns with this principle, emphasising the importance of ensuring the best interests of the child in any future reforms.
For up-to-date information on any recent legislative proposals or court cases after 2025, specialized German legal sources or government announcements would be recommended.
- The trend in assisted reproductive technologies, such as reciprocal IVF, may potentially impact the legal landscape for joint motherhood in Germany in the future.
- Beyond adoption, lesbian couples in Germany, as in many OECD countries, have access to maternity leave and parental leave provisions, subject to marriage, registered partnership, or cohabitation.
- In the realm of health and wellness, Minister Hubig advocates for lesbian couples with children to have joint parenthood from the start, emphasizing the importance of ensuring the best interests of the child.
- Policy-and-legislation, particularly family law, in Germany is influenced by the well-being of the child, as outlined in the coalition agreement of CDU, CSU, and SPD.
- Mental-health and women's-health issues related to family and family-health are not explicitly addressed in the given text, but these are important topics for further discussion and consideration in the context of same-sex parenting and family law reforms.
