Federal Parliament: Plenary Proceedings of 05/09/1996

I call up points 11 a and 11 b of the agenda: a) First reading of the proposed legislation by the Federal Government to reform parenting rights (parenting rights reform legislation -- KindRG) - publication 13/4899 –

Referral recommendation:

Legal Committee (overall responsibility), Committee for Family, Seniors, Women, and Youth b) Hearings on the submission by representatives Rita Grießhaber, Marialuis Beck (Bremen), Volker Beck (Cologne), other representatives and the coalition BÜNDNIS 90/DIE GRÜNEN.

New legal regulation of parenting rights – publication 13/3341 –

Referral recommendation:

Legal Committee (overall responsibility)

Committee for Family, Seniors, Women, and Youth: in this debate, which I herewith open, the following honorable persons wish to enter their contributions into the record: for the CDU/CSU, Falk, Pofalla, Götzer; for the SPD, von Renesse; for Bündnis 90/Die Grünen, Grießhaber; for the PDS, Lüth, and; for the Federal Government, Federal Minister Mrs. Nolte, and Federal Minister Mr. Schmidt-Jortzig.) Is the house in agreement? -- That is the case.

Then the debate is closed.

The Parliamentary Advisory Committee recommends the referral of the documents in the publication 13/48999 and 13/3341 to the committees listed in the agenda. Do you concur? -- That is the case. Then the transfer is agreed to.

Attachment 4, response: speeches entered into the record concerning agenda item 11

a – Proposed legislation to reform parenting rights; b – Application: New legal regulation of parenting rights.

Claudia Nolte, Federal Minister for Family, Seniors, Women, and Youth: The federal government's proposed legislation to reform parenting rights is important and necessary from a family and youth policy perspective. Allow me to make a few comments concerning the sociopolitical background behind this reform action.

For most people in our nation, marriage and family play the most prominent role in their life's planning. Particularly with regard to raising children, marriage forms the best possible framework. Indeed, this is the opinion of the overwhelming majority of the population, for whom marriage and the family stand for reliability and trust, for human contact, and vital solidarity. This also corresponds to the findings on family statistics. Despite an increase in the number of non-marital living arrangements, despite continued high levels of divorce, 88 % of all minor children still grow up with their married parents. However, these figures should not lead us to forget that – often several – minors are affected in more than half of all divorces. In 1994 alone, the number was 135,318. For them, the separation and divorce of their parents represents a massive rent in their lives. Nor should children born out of wedlock be subject to any disadvantages because of the lifestyle choices of their parents. Both legitimate children and those born out of wedlock should enjoy the same conditions for their development. It is for this reason that, with out proposed legal reform, we will eliminate any remaining differences in the treatment of legitimate children and those born out of wedlock. Parentage is not revocable. Parents remain parents.

Our goal must be to ensure that parents, even if they have separated, remain partners in the raising of their children. Children have a right to both parents. The relation to both parents is the best prerequisite for the ability to form one's own relationships.

A central aspect of our proposed legislation offers a clearly simplified means for a couple to maintain joint custody after a divorce. In future, even unmarried parents can have joint custody transferred to them if both desire this. The fathers of children born out of wedlock are to be given visitation rights to their children. In this way we will provide an indication of the responsibility of both parents – the mother as well as the father – for the welfare of their children.

The constitution states: "the care and raising of children are the natural rights of the parents and form their highest obligation". This obligation, this responsibility, does not depend on whether or not the parents are married to one another, or whether or not they live together. For this reason we wish to encourage parents to jointly assume this common responsibility, even if they choose to go their separate ways. Naturally, we cannot force them to do this, nor would we wish to. Instances exist in which the facts of the situation simply do not permit this; in which a clear custodial ruling in favor of one of the parents represents the better solution. However, the welfare of the child can be the only guideline for such a decision.

Should parents decide to exercise their rights of joint custody, day-to-day obstacles should not hamper their willingness to cooperate. For this reason it is important to me that the parent with whom the child lives -- this is generally the mother -- is able to independently make decisions regarding questions that affect the child's daily life, and is only required to consult the other parent with the right of joint custody when fundamental questions arise. After the separation and divorce of their parents, the familiar routine of children must not be unnecessarily interrupted, nor must they loose contact to important references and relationships. In future therefore, grandparents and siblings as well as foster and stepparents are to be given access rights if this serves the welfare of the child.

Finally, I view the improvement of the counseling spectrum offered by The Youth Welfare Department proposed by the new legislation – and as reemphasized by the Upper House – as an important step in providing parents with the ability to settle their personal conflicts in a manner that will minimize the negative effects for their children.

Many years of discussion on this difficult chapter of social and legal policy, as well as earlier debates here in the German Parliament have shown that we have reached agreement with respect to the majority of the issues. During the previous debate, you, Mrs. von Renesse, spoke of 90 percent agreement. I am certain that, with respect to the remaining, important 10 percent, the legislation proposed by the Federal Government represents a good solution, and that the upcoming debate will confirm this result if two fundamental aspects that I feel are important in this regard are borne in mind: All children have the right to the best possible framework for the development of their personalities. A vital prerequisite for this is regular contact and interaction with both parents. Experience has shown that parents are the best guarantee for the welfare of their children. For this reason, and even in cases of conflict, we should still trust them to find a suitable solution for their living situation, both for themselves and their children.