Paradigmen des Nichtehelichenrechts

Willenbacher, Barbara

doi:10.1007/978-3-322-92535-0_17

Cited by 1 publication

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“…From 1969 on, the youth office was the legal custodian and guardian ad litem of all non-marital children in order to establish paternity, child support and inheritance entitlements. Until 1997, the guardianship of the youth office was not terminated unless the mother named the child's father; the underlying reason for this was the best interest of the child (Willenbacher, 1991(Willenbacher, , 1995. Although the legal custodianship of youth offices was abolished and the autonomy of unmarried mothers to initiate paternity suits was acknowledged through the 1997 family law reform, 5 naming the father and cooperating in procedures to establish paternity are still prerequisites when the right to advanced child maintenance payments is at stake.…”

Section: Legal Traditions In Family Lawmentioning

confidence: 99%

Legal Transfer of French Traditions? German and Austrian Initiatives to Introduce Anonymous Birth

Willenbacher¹

2004

International Journal of Law, Policy and the Family

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When anonymous birth, baby boxes or baby nests were proposed in Switzerland, Austria and Germany, those who defined the social problem in terms of panicking young mothers in distress pushed the legislatures to introduce legal anonymous birth. In Austria, they succeeded. Similar initiatives failed in Germany, but baby boxes or baby nests have been instituted nevertheless. In contrast to practices in France, anonymous birth contradicts the German legal tradition that focuses on biological descent as evidence in case of children born out of wedlock. Partisans of anonymous birth aim at preventing infanticide and child abandonment especially by mothers of minor age. However, socio-legal research reveals that the reasons for abandonment and infanticide are indistinct. The recent legal arrangements of the legitimate alternatives, abortion and adoption, are presumed to impose demands on rationality that young women, over-represented in neonaticide cases and, in France, in cases of non-recognition, cannot cope with. The ideological pro-life mix concerning anonymous birth is favoured by Protestant, Catholic, social and state welfare agencies whose purposes include ruling out the conflicting rights of the respective parties (adoptive children and biological parents) and procuring adoptable children.

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Section: Legal Traditions In Family Lawmentioning

confidence: 99%

Legal Transfer of French Traditions? German and Austrian Initiatives to Introduce Anonymous Birth

Willenbacher¹

2004

International Journal of Law, Policy and the Family

View full text Add to dashboard Cite

show abstract

Paradigmen des Nichtehelichenrechts

Cited by 1 publication

References 4 publications

Legal Transfer of French Traditions? German and Austrian Initiatives to Introduce Anonymous Birth

Legal Transfer of French Traditions? German and Austrian Initiatives to Introduce Anonymous Birth

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