LGBT in Germany - Recognition of Same-sex Relationships

Recognition of Same-sex Relationships

There is legal recognition of same-sex couples. Registered life partnerships (effectively, a form of civil union) have been instituted since 2001, giving same-sex couples rights and obligations in areas such as inheritance, alimony, health insurance, immigration, hospital and jail visitations, and name change. In 2004, this act was amended to also give registered same-sex couples adoption rights (stepchild adoption only), as well as reform previously cumbersome dissolution procedures with regard to division of property and alimony. In 2013, Germany's highest court ruled that if one partner in a same-sex relationship has adopted a child, the other partner has the right to become the adoptive mother or father of that child as well, in what is known as "successive adoptions."

In 2004, the Social-Democrats (SPD) and The Greens proposed allowing same-sex marriage. Since June 2013, registered partnerships do enjoy the same tax benefits as marriages. The Constitutional Court has repeatedly ruled in favor of same-sex couples on a case by case basis relating to specific tax laws. These rulings have led to many small, incremental changes of the registered partnership law since its inception.

There is no legal right to assisted reproduction procedures for lesbian couples, such as artificial insemination and in vitro fertilization, but they are not explicitly banned either. The German Medical Association is against explicit legalization and directs its members to not perform such procedures. Because this directive is not legally binding, sperm banks and doctors may work with lesbian clients if they wish. This makes it harder for German lesbian couples to have children than in some other countries, but it is becoming increasingly popular.

The European Court of Justice has ruled that refusing a widow's pension to the same-sex partner of a deceased person is direct discrimination if the partnership was comparable to marriage.

In June 2011, Germany faced a vote on same-sex marriage. The issue was opened by the senate of the city-state of Hamburg, and was outvoted by the CDU/CSU in the Federal Bundesrat.

In March 2013, following a shift in the balance of power, the Bundesrat passed an initiative proposed by 5 states, which would open marriage to same-sex couples. However, there is still no majority in favour in the Bundestag.