Man-to-woman transsexuals can only become fathers

BGH: Birth register is based on biological reproduction
Even after a parent's sex change, children should always have only one legal father and one mother. If a child was conceived with the semen of a man-to-woman transsexual, she can therefore not demand the entry as second mother in the birth register, as the Federal Court of Justice (BGH) in Karlsruhe ruled in a resolution published on Thursday, January 4, 2018 (Az .: XII ZB 459/16). Legally, she could only become a father.

Image: Matthias Stolt-fotolia

Thus, the BGH rejected a couple from a biological woman and a man-to-woman transsexual who lives in a registered partnership in Berlin. The affiliation of transsexuals to the female sex has been legally recognized since 2012. His partner had a baby in 2015 with her sperm.

The registry office entered the biological mother as mother in the birth register. The couple's desire to register the transsexual as a mother also declined.

And rightly so, as the BGH decided. The "reproductive contribution" of the transsexuals lies in his semen donation. "Thus, only the creation of paternity is possible," it says in the decision of November 29, 2017, now published in writing.

According to the transsexual law, the legal relationship to own biological children remains unaffected by a gender change, the BGH justifies. This was already considered by the Federal Constitutional Court in 2011 to be justified in the interest of the child.

The decision of the Federal Constitutional Court of 11 January 2011 (Ref .: 1 BvR 3295/07) states: "It is a legitimate concern to legally assign children to their biological parents in such a way that their descent does not contradict their biological conception two legal mothers or fathers is returned. "Such a" clear, the biological circumstances appropriate legal assignment "see the Transsexual Act before.

Accordingly, the Federal Supreme Court had already ruled that a woman-to-man transsexual who has given birth to a child can not legally be his father (order of 6 September 2017, ref .: XII ZB 660/14, JurAgentur-Meldung vom September 25, 2017). mwo