In Germany, the recognition rules concerning foreign judgments643 enabled the Kammergericht Berlin to hold recently that a Californian judgment which stated that two German intending fathers were the legal parents
of a child born to a US surrogate mother could be recognised in Germany but only insofar as the legal paternity of the genetically related intending father was concerned (who had also acknowledged his paternity).644 The decision could not be recognised in
relation to the second man since, in this respect, the foreign decision was held to be in violation of German public policy. Interestingly, the court held that even the “best interests of the child” did not lead to a different conclusion since the interests
of the child did not require the establishment of a legal parent-child relationship with a non-genetically related man outside the adoption procedure (which enabled the person to be assessed for their suitability to become a parent and enabled the best interests
of the child to be taken into consideration). An adoption process was held to be better suited to consider the child’s interests than the procedure for recognition of a foreign judgment. Moreover, the court held that full transcription of the foreign judgment
would also infringe the child’s right to know his identity due to the fact it would not contain any information concerning the surrogate mother.