Aufgedrängte Natürlichkeit

This comprehensive analysis of the legal concept of parenthood opens up new perspectives on the significance of biological descent and gender in legal parent-child relationships. Through an examination of the foundations of family law, civil status law and constitutional law, it draws attention to doctrinal inconsistencies and discrimination in the current law. These are particularly evident in the jurisprudence of the Federal Constitutional Court's tendencies towards biological determinism and in the Federal Court of Justice's rulings on queer families. The author argues for a reconceptualisation of legal parenthood as a care-based status.
Lucy Chebout is a family law specialist and a Judge at the State Constitutional Court of Berlin.