Cologne Higher Regional Court confirms entry of the parents in the birth register based on a postnatal court decision from Ukraine

Introduction

On 19 June 2024, the Cologne Higher Regional Court (OLG) made an important decision that has implications for the registration of parents in the German Birth register has. The decision concerns a case in which there was a postnatal court decision from Ukraine. The Higher Regional Court of Cologne confirmed that this judgement precludes the registration of the parents as Main entry in the German birth register. In this blog post, we highlight the most important aspects of this decision and its significance for similar cases.

 

Background to the case

The case centres on the question of whether a postnatal (foreign) court decision from Ukraine, which has been recognised in Germany, can result in the entry of the intended parents as the main entry in the German birth register. Otherwise, the Surrogate mother documented, since she gave birth to the child, and then as a Subsequent certification a correction can be made by replacing her with the intended mother. Legally, the issue is whether the postnatal court decision attributes the parentage to the intended mother. Time of birth or only for the The future is effective. The Federal Court of Justice (BGH) has not yet ruled on this issue.

The Cologne Local Court has obliged the registry office to enter the intended parents in the register immediately and not the surrogate mother first.

 

Key statements of the resolution

The Higher Regional Court of Cologne confirmed the decision of the Local Court following a detailed examination and emphasised the following key points:

• Confirmation of the registration of the parents:

The court clarified that the entry of the parents in the German birth register is also made as the main entry if a (recognised) postnatal Court decision from Ukraine is available. The parents were effectively established by the Ukrainian court, this decision was recognised in Germany and was therefore binding. Therefore, the surrogate mother could not be registered first, as she had not become the mother according to the recognised court decision.

• Legal justification:

The OLG Cologne emphasised that the Determination of the Ukrainian court, according to which the German intended parents are the legal parents of the child born to the surrogate mother, on the Time of birth have an effect. Unlike decisions that establish parentage for the first time, i.e. constitutive the Ukrainian court had not recognised the existing Legal situation and the resulting parentage established. This is associated with parenthood from birth. The surrogate mother was therefore not the legal mother and could not be entered in the German birth register as the mother because the decision had the same effect as it did.

On the Timing of the court decision with regard to its effects, it is not to.

 

Significance of the decision

This decision by the OLG Cologne has far-reaching Effects to cases in which foreign court decisions influence the entry of parents in the German birth register. It also protects the legal position of the (intended) parents in the case of postnatal decisions. Not only prenatal decisions, which were assessed by the Federal Court of Justice to the effect that the intended parents should be documented immediately in the main entry because the decision takes effect at birth, but also Subsequent in time (if they check the relevant legal situation and establish the parentage status) now lead to the same result: the entry of the intended parents in the birth register without Reference to the surrogate mother.

 

Conclusion

The decision of the Higher Regional Court of Cologne to confirm the entry of the parents in the main entry of the birth register despite a postnatal court decision from Ukraine emphasises the importance of the Binding effect of a recognised foreign declaratory decision. It offers clarity and certainty for parents and prevents subsequent changes to the register, which follows the content of the foreign (here: Ukrainian) court decision in line with the opinion of the Higher Regional Court of Cologne. For affected parents and lawyers, but also for registry offices, this decision offers valuable guidance.

 

This blog post summarises the key points of the decision of the Higher Regional Court of Cologne of 19 June 2024, case no. 26 Wx 1/24, and provides a comprehensible overview of the legal background and implications of this decision. A specialist lawyer should always be consulted for further information and legal advice.

 

Dr Marko Oldenburger

Lawyer

Specialist lawyer for family law

Specialist lawyer for inheritance law