The natural father has a claim to access

BGH Judgment on the right of access, decision of October 5, 2016, Az. XII ZB 280/15

A man and a married woman had twins at the end of 2005. Even before the birth of these children, the mother once again lived with her husband and their children and then also raised the twins as part of this family. According to § 1592 No. 1 Civil Code (BGB) her husband was considered the legal father of these twins.

After eleven years, the natural father was given a right of access, if this would serve the children. The family and parental fundamental right, particularly with regard to the right not to inform the child of its true parentage, is restricted.

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