The discrimination against unmarried fathers in family law seemed to be uncontested for many affected men. After the new rule of the European Court, Justice Minister Sabine Leutheusser-Schnarrenberger assured to lobby a new bill for the custody of unmarried fathers. In future, they should be able to take care of their children, even without the agreement of the mothers.

Most German politicians also want to have a review on the current laws, but also emphasize that the most important thing is to care about children: they should not suffer from conflicts between mothers and fathers. For unmarried mothers, there is no law certainty anymore – every single case might be analyzed in future.

But the new situation brings also a change for children out of wedlock: they are put on par with marital children. This is welcomed by representatives of relevant organizations dealing with that topic.
Many decrees of Germany’s high court in Karlsruhe confirmed the strong position of women; men were disadvantaged concerning custody, but were asked for financial support. According to experts these incalculable financial risks might have led to a decrease of marriages in general.

However, the latest developments seem to be overdue after many years of discussion. The European Court in Strasbourg has given a clear sign, and the German government has to find new ways to deal with the question of custody. The new rule marks an important step for human rights and emancipation – for men.