- Lesbian Couples: The woman who gives birth is automatically the legal mother. Her wife or partner does not automatically become the second mother—neither through marriage nor through acknowledgment or court ruling. To become a legal parent, the partner must adopt the child through a stepchild adoption.
- Gay Couples: The woman who gives birth is legally the mother. One of the men can acknowledge paternity with the mother's consent or, if he is the biological father, have paternity legally established—even against the mother's will. The father's partner cannot automatically become a second parent, as legally only one parental position alongside the mother is recognized. However, he can become a legal parent through a stepchild adoption (with the mother's consent).
- Joint Adoption of a Non-Biological Child: Same-sex married couples are allowed to jointly adopt a non-biological child. The same requirements apply as for heterosexual married couples.
- Parental Custody in Unmarried Same-Sex Couples: Only legal parents can hold parental custody. Therefore, unmarried same-sex couples cannot make a joint custody declaration if one partner is not a legal parent. The birth mother initially receives sole custody. However, she can grant a custody authorization to another person.
Parentage law follows a binary model and distinguishes only between “mother” (woman who gives birth) and “father” (man who acknowledges paternity or has it legally established). Civil status law now allows three gender entries: male, female, diverse (or none).
Transgender Individuals
A trans man who gives birth is legally considered the "mother." A trans woman who fathers a child can have paternity legally established. Anyone who had the gender entry “male” at the time of birth can be recognized as “father” through marriage or acknowledgment. Individuals with the entry “diverse” or no gender entry can become legal parents if they gave birth to or fathered the child. Since November 1, 2024, all individuals listed in the birth register as “mother” or “father” can request to be recorded as “parent” on the birth certificate.
- Stepchild Adoption: In a marriage, civil partnership, or stable marriage-like relationship, stepchild adoption is possible. One person adopts the child of their partner.
- Joint Adoption of a Non-Biological Child: Only possible for married couples. Joint adoption is not permitted in civil partnerships or unmarried relationships. However, successive adoption is allowed: one partner adopts the child first, then the second partner can also adopt. With adoption, custody rights are also transferred.
All parents are entitled to parental leave, regardless of sexual orientation.
For lesbian couples: If the mother is married, her spouse can also apply for parental leave if the child lives in the shared household.
For unmarried couples: Parental leave is possible if the partner lives in the household and intends to adopt the child through stepchild adoption. Requirement: consent from the custodial parent.
Parental Allowance supports parents in caring for and raising their child and replaces income after birth. Parents in a same-sex partnership are entitled to parental allowance if they intend to adopt the child or are married. The spouse of the legal parent, who is not a legal parent themselves, can also apply for parental allowance.