Background
In its ruling dated 28 August 2024 (case no. 2 WF 75/24), the Karlsruhe Higher Regional Court a clear boundary for the Renewed contestation of legal paternity drawn - even if the constitutional assessment has changed in the meantime has.
At the centre of the decision is the question: Can a legally concluded parentage proceeding be reopened if a new legal assessment subsequently arises - for example as a result of a ruling by the Federal Constitutional Court?
The case
A natural father had initially contested the legal paternity of another man. However, his application was rejected with reference to an existing social-familial relationship between the child and the legal father. The applicant later withdrew his appeal against this, making the decision legally binding.
According to the judgement of the Federal Constitutional Court of 9 April 2024 (1 BvR 2017/21), which reassessed the significance of the social-familial relationship in the right to contest, the biological father attempted to reopen the proceedings. He applied for the original decision to be amended.
The decision of the OLG
The Karlsruhe Higher Regional Court rejected the application. The reasoning: A constitutionally new assessment is not a "new fact"which would allow a breakthrough of the Legal force would be justified. The decision of the BVerfG could therefore not lead to the reopening of proceedings that have already been concluded - even if the decision at the time could be different by today's standards.
The court also clarified that even a Concrete new life situation - such as the loss of the previously existing social-familial relationship - would only be suitable to justify a new challenge under strict conditions. Such circumstances did not exist in the present case.
Significance for practice
The decision emphasises the great importance of the Legal force in family lawespecially in the sensitive area of parentage law. Even after a judgement by the Federal Constitutional Court, a legally binding decision remains in place if it has not been explicitly overturned.
The OLG expressly refers to the so-called "Backstop" of Section 79 (2) BVerfGG: Decisions by specialised courts that have already become final remain in force - even if the underlying legal situation changes at a later date.
Conclusion
The OLG decision makes it clear that Paternity disputes only under very narrow conditions are possible again. Legal force not only protects formally concluded proceedings, but also the established social structures within families. A correction can only be made - if at all - by new, objectively changed circumstances or by the legislator.
English (UK) 
Deutsch 
Nederlands