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32 U. Louisville J. Fam. L. 335 (1993-1994)
Germany: Blood Versus Mere Social Ties

handle is hein.journals/branlaj32 and id is 343 raw text is: GERMANY: BLOOD VERSUS MERE SOCIAL TIES Rainer Frank* I. INTRODUCTION The strong emphasis on blood relationships in German law caused much controversy in 1992. On one hand, the German Constitutional Court (Bundesverfassungsgericht) highlighted the importance of the right of an individual to ascertain his or her own genetic parentage; on the other hand, there has been criticism of a system which is deeply rooted in German family law, whereby no time limit is placed on the duty to provide for lineal ascendants or descendants financially. The introduction of obligatory statutory insurance for the care of the eld- erly, aimed at mitigating the financial hardship falling on those respon- sible for maintaining blood relatives, is still the subject of political de- bate. A recent case before the Federal High Court of Justice (Bundesgerichtshof), in relation to the protection of cohabitants in the legislation of tenant's rights, supports the view that the law should pro- tect factual relationships based on social bonds alone. II. THE RIGHT TO ASCERTAIN ONE'S OWN GENETIC PARENTAGE In a January 31, 1989 decision,1 the German Constitutional Court confirmed the right of an individual, as protected by the constitution, to ascertain his or her own genetic parentage. The decision is of enormous importance to various questions in family law. The number of actions raised against fathers of legitimate children who have reached the age of majority, seeking to establish that the fathers are not the children's * Professor of Law, Freiburg University. BVerfGE 79, 256 = NJW 1989, 881 = FamRZ 1989, 255; comments on case in NJW 1989, 154, Giesen JZ 1989, 364, Smid JR 1990, 221. The case was discussed in Rainer Frank, Federal Republic of Germany: New Problems, New Solutions, 29 J. FAM. L. 371 (1990-91).

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