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Marriage NO, Civil Union YES (2001)

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Paragraph 4
Scope of the Duty of Care

In fulfilling the obligations arising from the Life Partnership relationship, the Life Partners are responsible for providing each other only with the level of care that each would exercise in his or her own affairs.


Paragraph 5
Obligation to Support the Life Partnership

The Life Partners are mutually obligated to provide equitable support to the Life Partnership by contributing their work and their assets. Paragraph 1360, Sentence 2, and Paragraphs 1360a and 1360b of the German Civil Code, as well as Paragraph 16, Section 2, shall apply accordingly.


Paragraph 6
Property Regime

The property regime formed by the Life Partners is a community of accrued gain, unless they agree otherwise in a Life Partnership Contract (Paragraph 7). Paragraph 1363, Section 2, and Paragraphs 1364 to 1390 of the German Civil Code shall apply accordingly.


Paragraph 7
Life Partnership Contract

The Life Partners may regulate their property regime by means of a contract (Life Partnership Contract). Paragraphs 1409 to 1563 of the German Civil Code shall apply accordingly.


Paragraph 8
Other Property Law Effects

(1) For the benefit of the creditor of one of the Life Partners, it shall be presumed that movable property in the possession of one Life Partner or both Life Partners belongs to the debtor. Otherwise, Paragraph 1362, Section 1, Sentences 2 and 3, and Section 2 of the German Civil Code shall apply accordingly.

(2) Paragraph 1357 of the German Civil Code shall apply accordingly.


Paragraph 9
Regulations Pertaining to the Children of a Life Partner

(1) If a parent with sole custody of a child forms a Life Partnership, his or her Life Partner is authorized, with the agreement of the custodial parent, to make decisions regarding the child’s daily life. Paragraph 1629, Section 2, Sentence 1, of the German Civil Code shall apply accordingly.

(2) In cases of clear and present danger, the Life Partner is authorized to make the legal decisions necessary to ensure the well-being of the child; the custodial parent is to be informed of this without delay.

(3) The Family Court can restrict or prohibit the authorization described in Section 1 if this is necessary for the well-being of the child.

(4) The authorization described in Section 1 does not apply if the Life Partners live apart on a permanent basis.

(5) The Life Partner who has sole custody of an unmarried child or joint custody with the other parent may, together with his or her Life Partner, give their Life Partnership Surname to the child living in their common household by declaration before the competent authority. Paragraph 1618, Sentences 2 to 6, of the German Civil Law shall apply accordingly.

(6) If one Life Partner adopts a child alone, the consent of the other Life Partner is necessary. Paragraph 1749, Section 1, Sentences 2 and 3, as well as Section 3 of the German Civil Code shall apply accordingly.

(7) A Life Partner may adopt a child of his or her Life Partner alone. [ . . . ]

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