Parents argue about the corona vaccination of their underage child

How should a decision be made if the child’s parents disagree about the need to vaccinate their child against the corona virus?

The child’s parents are divorced. They have a common minor, almost 16-year-old child, and they exercise parental custody together.

The child would like to be vaccinated against corona. The father advocates vaccination. The mother categorically rejects the vaccination. She considers vaccination to be a mere “gene therapy”.

The father therefore applies for the authority to make the sole decision about the vaccination. This is provisionally granted to him by way of an interim order by the family court.

The complaint filed by the mother against this was rejected by the Higher Regional Court in Frankfurt am Main.

  • A 16-year-old requires the consent of the parents responsible for custody of a medical intervention that is not minor.
  • Gem. § 1628 S. 1 BGB kann bIf there is a disagreement between the parents on a single matter, the decision-making authority is transferred to one of the parents.
  • In the event of a vaccination, it must be passed on to the parent who approves the vaccination in accordance with the STIKO recommendations.

In addition, the OLG states that the child’s will must also be taken into account in accordance with Section 1697 a of the German Civil Code (BGB) if the child’s age and level of development allow him or her to form an independent opinion on the issue. These prerequisites were met, and the child also supported the vaccination. The decision is final. (OLG Frankfurt a. M., decision of August 17, 2021, 6 UF 120/21).