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JUS AMANDI Ausgabe 1/2016 | JUS AMANDI Archiv

Children take government to court over their parents´ marriage ban

Austrian children with two fathers or two mothers are compulsory illegitimate because their parents are not allowed to marry each other. Five such children, together with their parents, have been taking the federal government to the courts over their parents´marriage ban; to allow their parents to marry and themselves to become legitimate children as their peers with one father and one mother are. Last December the Vienna Administrative Court - based on weird reasoning - dismissed the cases. The families turned to the Constitutional Court whose ruling is expected for later this year. 

Christmas present

Austrian children with two fathers or two mothers have to be compulsory illegitimate because their parents are not allowed to marry each other. Five such children, together with their parents, are now taking the federal government to the courts over their parents´marriage ban; to allow their parents to marry and themselves to become legitimate children as their peers with one father and one mother are. 26 November 2015  the Vienna Administrative Court has heard the first of these five cases. Already on 21 December 2015 (11.30 am), three days before Christmas, the Court will deliver its judgment in public (Wien 19, Muthgasse 62, room B2.02 = court room 3).

Best interests of the child requires recognition of both intending parents´ parenthood

Last May the Swiss Supreme Court, by a tiny majority of 3:2, refused to recognize the non-genetic intending parent of a surrogate child born in the USA. Of the two parents established by the lawful judgment of the competent Californian court, the Swiss Supreme Court allows just the genetic parent to be entered into the Swiss civil registry (Urteil 5A_748/2014). At the same time the Swiss recognized the US-judgment as far as it denies parenthood of the birth mother effecting that the child in Switzerland, different then in the US, has only one parent. 

Compulsory illegitimate children

Austrian children with two fathers or two mothers have to be compulsory illegitimate because their parents are not allowed to marry each other. Five such children, together with their parents, are now taking the federal government to the courts over their parents´marriage ban; to allow their parents to marry and themselves to become legitimate children as their peers with one father and one mother are. Tomorrow the Vienna Administrative Court will hear the first of these five cases.