Mater semper certa est

The Latin adage Mater semper certa est ( "the mother is always safe " ) refers to the mother in the legal sense. The child's mother is the woman who gave birth to it.

Since phenomena such as egg donation, surrogacy, surrogacy, in vitro fertilization for only a short time there, this rule seemed the time of its error-free, at least when it was clear which woman had given birth to the child. See, however, the parable of the Caucasian Chalk Circle Bertolt Brecht that goes back to a judgment of Solomon (1 Kings 3, 16-28 ): Two women fighting over a child and both claim to have given birth to it.

In response to new reproductive techniques had to the law of the presence of the problem to be solved, who qualifies as a mother, if the birth is not done by the genetic mother. In the Austrian General Civil Code ( Civil Code), therefore, in 1992, a new § 137b is inserted: "Mother is the woman who gave birth to the child. " The German Civil Code ( BGB), followed in 1997 with § 1591: " mother of a child is the woman who gave birth to it. "

The Latin legal maxim but continues. After the earlier simple statement about the person's mother comes the real legal problem, namely the determination of the Father. Actually yes applies: " pater semper incertus est " ("The father is always uncertain " ), as for the father, there is no equivalent to the birth of the child proof outer sign of his paternity. There is always the possibility that someone other than the husband of the true father. To avoid such uncertainty, it says: " pater est quem nuptiae protester " ( " Father, who is proved by the marriage as such "). This means: in respect of the children produced during an existing marriage, the husband of the mother is considered the father of the children, as long as the paternity of the husband's paternity by a legal challenge (formerly Ehelichkeitsanfechtungsklage ) not successful in court was challenged. This corresponds to the Latin rule on the legal situation after today's § 1592 BGB No.1 or the § 138 para 1 1 Civil Code. However, this legal presumption is no longer accepted without question: fathers want through a paternity test ( DNA analysis), clarity about their genetic paternity and maintenance obligations arising therefrom - keyword " cuckoo child " - reach.

Unknown is motherhood at foundlings ( baby hatch ).