Celle higher regional court: Parenting needs to be created
Same-sex unmarried and not verpartnerte parents via surrogacy-term child shall apply insurance is not legally considered a parent. Therefore, may require a private health insured, that in this way, the world come a child of his partner is involved in his health insurance contract, decided by the Oberlandesgericht (OLG) Celle on Monday, 11. March 2019, announced the judgment (Az.: U 178/18).
In the specific case of the plaintiff and the insured lived together in a same-sex relationship with his life partner. Or partnered, they were not married. Because they had a desire to have children, they took in the USA, the help of a surrogate mother. Surrogacy is banned in Germany.
With a seed donation of the Partners was finally brought your child in the USA to the world. The Superior Court of California declared the gay Couple to be the parents of the child. Also in the birth certificate of the competent registry office of the policyholder and his life companion are listed, respectively, as the parents of the child.
As the plaintiff demanded that the child is included in his or her private health insurance policy and private post-backs, rejected the insurer of this.
The relevant insurance conditions of the insurance of the child, if the insurance for a parent is at the time of birth at least three months and the application for admission is made within two months after the birth.
However, under insurance law, the plaintiff is not a parent, so that he could not even desire the Post of the child of his partner, decided by the court of appeal in its judgment of 28. February 2019. Who “Elternteil“ be determined according to the German law of descent, which does not know a same-sex Parenting. Parenting requires regularly a mother and a father.
Although there could be a decision of the Federal court of justice (BGH) dated 10. December 2014 also same-sex desire of parents to teach the child as a social equal Parenting as different-sex parents, the case (Az.: XII ZB 463/13; JurAgentur message from 19. December, 2014). The prerequisite for this is, however, that “the Parenthood to be permanent and legally etabliert“ .
It is lacking here, as the policyholder, and the biological father of the child were married or partnered. In the case of the attribution of Parenthood by a US court had not been examined, whether the community is stable and durable. fle