Abstammungsverhältnisse

Abstammungsvermutung refers to a legal presumption concerning parentage in German law. It is codified in the German Civil Code (BGB). Specifically, it addresses the presumed paternity of the husband of the woman who gives birth to a child. Under this principle, the husband of the mother is generally considered the legal father of the child, provided the child is conceived or born during the marriage. This presumption aims to provide legal certainty for the child and family, establishing a clear legal father from the outset.

However, the Abstammungsvermutung is not absolute and can be challenged. An action to contest paternity can be filed if the child's biological father is different from the presumed father. This legal challenge typically involves providing evidence to demonstrate that the presumed father is not the biological father. If the contestation is successful, the Abstammungsvermutung is overturned, and the legal parentage is re-established according to the biological reality. The purpose of allowing such challenges is to ensure that legal parentage accurately reflects biological parentage, protecting the rights and interests of all parties involved, particularly the child.