A private sperm donor who enabled a lesbian couple to become parents may have a right of access to their child. This also applies if the mother’s partner has adopted the child in the meantime, as the Federal Court of Justice (BGH) announced in Karlsruhe (Az. XII ZB 58/20).
In the case of sperm donations via an official sperm bank, the law excludes from the outset that the donor can later claim his status as father. If the donor comes from the mother’s private sphere, on the other hand, the matter is more complicated.
In the case from Berlin that has now been decided, two women in a registered civil partnership had fulfilled their wish to have children. The year after the birth, the partner adopted the child, the private sperm donor agreed. For the first five years he had regular contact, the child also knows who his producer is. It was only when the man wanted more intensive contact that things broke down. He would like to pick up the child every 14 days and spend the afternoon alone with him.
He had applied for this in vain at the competent local court, and the Berlin Court of Appeal rejected his complaint – there was no legal basis for a right of access in his case.
The highest family judges of the BGH see this differently: According to their decision, the sperm donor is to be treated like any other man whose child is adopted by the mother’s husband. That is, according to the Civil Code, he has a right of contact if he has “shown a serious interest in the child” and “contact serves the child’s best interests”.
Whether this is the case here must now be re-examined by the Court of Appeal. The BGH stresses that the child, who is seven years old today, must also be asked for his or her opinion.
Source: bee-seeks-stork.com / dpa
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