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Germany: New Act Allows Stepchild Adoption in Nonmarital Families

(Apr. 29, 2020) On March 31, 2020, an act that allows stepchild adoption in nonmarital families entered into force in Germany. The act implements a decision of the German Federal Constitutional Court of March 26, 2019, which ruled the exclusion of stepchild adoption in nonmarital families unconstitutional. The decision obligated the legislature to enact new […]

Philippines: President Issues Executive Order Regulating Electronic Cigarettes, Vaping

(Mar. 27, 2020) On February 26, 2020, the president of the Philippines issued an executive order (EO) regulating the commercialization and use of electronic cigarettes. Background The EO states in its preamble that in 2016, the World Health Organization issued a report explaining that Electronic Nicotine and Non-Nicotine Delivery Systems (ENDS/ENNDS) emit aerosol that commonly includes […]

Malaysia: Federal Court Holds that Illegitimate Muslim Child Cannot Use Father’s Last Name

(Mar. 6, 2020) On February 13, 2020, Malaysia’s Star news media outlet reported that the Federal Court of Malaysia (Malaysia’s highest court) had held, by a 4-3 majority, that the National Registration Department (NRD) cannot register the father’s last name for a Muslim child who was born or conceived out of wedlock. It also held, however, […]

United States: Supreme Court Clarifies Standard for Determining Child’s Country of Habitual Residence, Affirms Return of Child to Italy

(Mar. 5, 2020) The U.S. Supreme Court recently endorsed a “totality of the circumstances” test for determining a child’s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). The Court also held that a trial court’s determination of habitual residence is entitled to deferential appellate review and should […]

Germany: Court Obligates Government to Repatriate ISIS Member and Children to Germany

(Dec. 17, 2019) On November 6, 2019, the Higher Administrative Court of Berlin-Brandenburg (OVG Berlin-Brandenburg) held that the German government must repatriate a German citizen who, in 2014, traveled from Germany to the territory held by the Islamic State (ISIS) in Syria, together with her three minor children. Facts of the Case In 2014, the […]

Germany: Court Rules Day Care Assignments More than 30 Minutes from Home Unreasonable

(Nov. 20, 2019) In a decision published on August 2, 2019, the Higher Administrative Court of Rhineland-Palatinate held that the city of Mainz, Germany, cannot fulfill its legal obligation to provide children three years and older with day care that is a reasonable distance from their home by assigning them a place in a center […]

Israel: Family Court Rejects Request to Register Same-Sex Spouse of Biological Parent as a Third Parent or an Additional Guardian

(Nov. 14, 2019) On October 22, 2019, the Lod Central-District Court rejected a request to register a woman as the third parent of her same-sex spouse’s biological children or alternatively appoint her as a guardian of the children in addition to their biological parents. (Family Appeal 52550-10-18 Anonymous v. Anonymous (decision rendered Oct. 22, 2029, by […]

Israel: Court Rejects Mother’s Request to Rename Child Against Father’s Will

(Nov. 8, 2019) On October 4, 2019, the Nazareth Family Court in Israel rejected a mother’s request to add an additional first name to her minor daughter’s name against the will of her father. The minor’s parents are divorced. (File No. 53030-09-17 C.S. v. Y.A. (decision by Deputy Court President Asaf Zaguri, Oct. 4, 2019, […]

Austria: Legal Right to Paternity Leave Expanded

(Oct. 29, 2019) On September 1, 2019, an amendment to the Austrian Paternity Leave Act (VKG) entered into force. (VKG § 14, para. 19.) The amendment gives fathers of babies born after December 1, 2019, the legal right to take unpaid early paternity leave for one month immediately following the birth of the child (“daddy month”). The […]

China: Regulation on Online Protection of Children’s Personal Information Issued

(Oct. 28, 2019) On August 22, 2019, the central internet information regulator of the People’s Republic of China (PRC or China), the Cyberspace Administration of China, issued the Provisions on Online Protection of Children’s Personal Information. The new data privacy regulation “sets forth high-level requirements for the collection, storage, use, transfer, and disclosure of the […]