German Law Would Require Moms to Reveal Child’s Biological Father

A proposed German law would force mothers to reveal their sexual partners at the time of conception, to give fathers legal recourse in the event of infidelity.

The proposal is scheduled to be presented in parliament on Wednesday, and intends to give rights to “false” fathers, when it comes to child support payments. Studies have shown that between four and 10 percent of German children are known as the “milkman’s kids,” or children raised by men who are not the biological father.

There will be avenues in place for women who feel they cannot reveal the true identity of the biological father of their children, but it will be decided by a judge on a case-by-case basis.

“We need to offer more legal protection for ‘false’ fathers to seek recourse,” Justice Minister Heiko Maas said in his proposal of the measure on Monday. “The mother should only have the right to remain silent when there are serious reasons for her not to name the biological father.”

If passed, “false fathers” would be able to seek up to two years worth of child support payments from the biological father, providing that the man never "initially not questioned the parentage of the child."

The legislation draft comes after the German Constitutional Court ruled in February 2015 that men who were misled to believe that they had fathered a child require stronger legal protection.

It remains unclear what the penalties would be for women who refuse to, or cannot, name the biological father of a child.