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The New Illegitimacy Law in Germany

(1) "An illegitimate child is not deemed to be related to his father." The reason for this provision of the German Civil Code, which meant that there was no intestate succession between the illegitimate child and the father (or the father's relatives), was not to deny the natural ties between child and father as created at birth. Its purpose was to prevent those provisions being applicable to the legal rights between the father and the child that are based on relationship. Nevertheless, this provision—as well as the whole system relating to the rights of illegitimate children (ss. 1705 to 1740 of the Civil Code)—was criticised very soon after the Civil Code came into force. This criticism increased substantially in time and led to innumerable recommendations for reform. The main points of attack were that the Civil Code, when dealing with the Illegitimacy Law, expressed the spirit of a past epoch, i.e., that the illegitimate children themselves had to suffer from the circumstances of their birth, that they were not allowed the same conditions for their physical, mental and social development as were offered to legitimate children, and that the law only complicated unnecessarily the social integration of illegitimate children.