Prince Gustav, Princess Carina of Berleburg and Family, Current Events 3, June 2022 -

[Sancia]

As the couple has gone through such a long legal process to be able to inheriting and getting married, I am sure they thought long and hard about how they would for sure be the parents of the future baby in the eyes of the German law. The contrary would be very surprising.

 

[Archduchess Zelia]

Still its against the law.

Is it not just illegal to physically use a surrogate in Germany. If the surrogate is, say, American and lives in the US, I see no reason why it's any more against the law than, say, international adoption.

And since G&C specifically thank "everyone involved, who have provided aid in finding a legal way to pursue" (translated from Danish) in the press release, I'd venture to say they have the legal matters settled.

 

[Elizaveta]

Is it not just illegal to physically use a surrogate in Germany. If the surrogate is, say, American and lives in the US, I see no reason why it's any more against the law than, say, international adoption.

And since G&C specifically thank "everyone involved, who have provided aid in finding a legal way to pursue" (translated from Danish) in the press release, I'd venture to say they have the legal matters settled.

That's correct. It is not illegal to have a child through surrogacy outside of the country.
And I am sure Gustav and Carina know exactly what they are doing and have everything in place to legally bring the child to Germany and have it recognized as their own.

 

[suztav]

I have to believe that Gustav has consulted with his legal team about all of this.

I also totally believe that it's either a frozen embryo from years ago or a recently inseminated egg (her previously frozen egg/his sperm).

 

[Tatiana Maria]

This 2019 report includes information on surrogacy law in Germany. Presumably, the child will be born overseas as surrogacy is illegal in Germany. As the Berleburgs intend to continue living in Germany, it seems that Carina, at least, will need to adopt the child in order to establish legal maternity.

https://www.loc.gov/item/global-leg...stice-rules-on-legal-motherhood-of-surrogate/

I do wonder, if the child is born in a country where the biological originator of the egg is automatically the legal mother Carina might not have to go through an adoption process since the child was there legally hers at birth? The way I read the links posted up-thread both parents were German citizens. Is it known for instance if Carina is a Swedish, Mexican or US citizen?

I have seen reports stating that Carina holds US and Swedish citizenship, but as she has reportedly lived with Gustav in Germany since around 2005, it is possible that she has acquired German citizenship by naturalization.

Adding to my earlier answer: The reason the Federal Court of Justice held in 2019 that German law determined the legal parentage of the child involved in that court case was not the citizenship of the parents, but the fact that Germany was the child's "habitual residence" from birth:

"In the case at issue, the child had its habitual residence in Germany, because all parties to the surrogacy agreement agreed that the child would go to Germany with the plaintiffs immediately after the birth and remain there permanently. (Id. at 22.)"

We can assume Gustav and Carina also have an agreement with the surrogate mother that the child will go to Germany immediately after the birth and remain there permanently, so my understanding is that German law will likewise be applied. Therefore, Carina must adopt the child in order to be recognized as the mother in Germany.

So according to that logic, if the surrogate cannot be found or will not accept the child as hers, the child will be an orphan.

According to the links upthread, if Carina hypothetically did not adopt the child (though it seems clear that she intends to), the child would simply be recognized in German law as the legal child of the surrogate mother, so they would not be legally parentless, even if the child's paternity was not legally established for one reason or another.

 

[Muhler]

Whether the German state consider surrogate mothers illegal or not - even abroad, when it involves German citizens and residents - would IMO be secondary.

Carina and Gustav is standing in the airport with an infant, having flown in from Farawaystan, with documents stating that the child is theirs. - They are probably also able to back up their claim that the child is theirs with DNA matching one or both parents.

Okay, I assume Germany has a legislation where the interests of the child takes precedence or at the very least weigh very high when a decision is made.
Wouldn't the German authorities simply put up their arms and say that it is in the best interests of the child to not press the matter further and simply let Gustav and Carina go home with their child?
Especially as the child will be a part of a reputable family, with lots of resources and from parents who have no criminal record or record of odd behavior, drug use, alcoholism, mental issues and so on. (If they have such issues they sure have managed to keep that quiet!)

 

[Prinsara]

I wonder why they chose to announce it now and not closer to the birth to reduce all the speculation?

Perhaps it was a matter of being leaked if they did not.

 

[SirGyamfi1]

I wonder why they chose to announce it now and not closer to the birth to reduce all the speculation?

Perhaps it was a matter of being leaked if they did not.

I think they were too excited and happy after going through the process of surrogacy and the good news that came out of it.

 

[CyrilVladisla]

Carina and Gustav may been choosing baby names for an enormously long time.

 

[Tatiana Maria]

It is not uncommon that German couples use surrogate motherhood agencies abroad, especially in Ukraine, and sometimes in the US. Well, Ukraine seems unlikely in the current war situation. In the case that the social father is the sperm donor/biological father, the surrogate mother will register him as the father of the child on the birth certificate, and she'll grant him sole custody of the baby. That way he can bring his baby to Germany where the social mother must adopt the baby to share in the custody. (I hope I remember this correctly, as I got the info from a TV documentary I watch a couple of months ago). That way it's not illegal, they just can't have a German surrogate mother.

As for the title: they are part of the name in Germany, and names can be given to adopted children. Some conservative relations might contest the validity of the child claiming headship to the Princely House. But they might do that for any odd reason, and it doesn't matter much modern times. And it seems that the Danish RF already expressed their joy in the newly expected family member. They seem to be eager to welcome the little one as part of the family.

As for the estate: afaik, now that Prince Gustav is the legal owner of the estate, he can dispose of it nearly as he wishes. It's only that a surviving wife and surviving children can claim legal portion of the estate. Uncles and cousins have no claim on it whatsoever, so there won't be anybody being able to effectively contest Gustav's will.

Thank you for this well written explanation.

I can't imagine that there is anything that can prevent the surrogate child from inheriting, afaik.

There are certain restrictions (not related to surrogacy) on the inheritance of the family land in Bad Berleburg owing to its current legal registration as a farm.

One of the claims relied on by Ludwig-Ferdinand in the succession dispute was that Gustav supposedly did not fulfill the terms of the 1947 law concerning inheritance of farms. The courts rejected Ludwig-Ferdinand's argument, mostly because Gustav's succession rights were derived from his grandfather's will and as such relied only on the rules in place at the time of his grandfather's legal death in 1945.

(See the court decisions linked upthread.)

However, the grandfather's will has now been executed, and Gustav's future heir will inherit according to the laws and wills which are in place at that future time. If the provisions of the 1947 law are retained and the estate remains a registered farm, the primary issue will be that if Gustav's intended heir is an adult at the time of Gustav's death, then - subject to certain exceptions - they must be in possession of some type of educational or professional qualification relevant to managing the estate. Otherwise, a qualified family member may contest the inheritance.

Question for the experts - if the child is a boy, will it be able to claim headship of the house and any related inheritance upon Gustav's death?

I am fairly sure it is impossible for Gustav, or any other German property owner, to bind the inheritance of his legal estate to "headship of the house", since that is not a position recognized in German law. (If it had been possible, one would think Gustav's grandfather and other traditionalists would have made an attempt.)

Socially, anyone may claim to be the head of their house and others may accept or reject their claim. I doubt Gustav and Ludwig-Ferdinand will acknowledge one another as head anytime in the foreseeable future.

Carina and Gustav is standing in the airport with an infant, having flown in from Farawaystan, with documents stating that the child is theirs. [...]
Wouldn't the German authorities simply put up their arms and say that it is in the best interests of the child to not press the matter further and simply let Gustav and Carina go home with their child?

The prior discussion related to legal parentage of the child, which it seems Gustav and Carina intend to obtain. I assume the right to enter the country would be covered by immigration law more than family law.

 

[lookupdown]

Congratulations to them!

I also think they have the legal issues covered considering what they went through.

 

[Muhler]

The prior discussion related to legal parentage of the child, which it seems Gustav and Carina intend to obtain. I assume the right to enter the country would be covered by immigration law more than family law.

I was actually referring to Carina and Gustav presenting the German authorities with a fait accompli upon arriving.
So that while using a surrogate may be technically illegal, the child is there, the documents are there, the DNA match - so the German authorities may say: Forget it, we are not going to do anything. And it's not in the interests of the child to do anything.

I suspect that is what is happening in most cases, when people fly in with infants from surrogates?

Forgive me for going on about this, I'm merely trying to learn how Carina and Gustav will circumnavigate the legislation.

 

[tommy100]

Congratulations to the couple! At the end of the day the birth of a baby, especially one as much wanted as this will be, is wonderful news.

 

[rominet09]

Very happy for the couple after all their struggles.

 

[Tatiana Maria]

Decision of the Agricultural Court of Bad Berleburg (8 April 2019): https://openjur.de/u/2340698.html


Part of the decision of the Regional Appeals Court in Hamm (27 July 2020): https://viewer.content-select.com/p...5074efaf5cc104c2b4cb6&frontend=1&language=deu

And if I am not mistaken any other heir could have disregarded any stipulation without a problem.

the will affected only impacted Gustav because Richard was skipped in favor of Gustav so other family members wouldn’t have been affected.

It was stipulated in the will (quoted in the court decisions) that the succession requirements would affect all potential heirs. In addition, female-line heirs were subjected to even stricter requirements.

Prince Richard was not bypassed, having fulfilled all applicable requirements. The court decisions note that he was certified by the Bad Berleburg probate court as having succeeded his late father.

From the will:

Die vorstehend berufenen Personen sollen nur Nacherben werden und bleiben, wenn sie im Besitz der Bürgerl. Ehrenrechte und evangelischen Glaubens sind und aus einer Ehe stammen, und wenn sie eine Ehe eingehen bzw. in einer Ehe leben, mit einer Frau, die adlig geboren ist und hinsichtlich ihrer Abstammung die gegenwärtigen Aufnahmebedingungen für die Mitgliedschaft bei der Deutschen Adelsgenossenschaft erfüllen kann. Diese für die Nacherben festgelegten Bedingungen gelten auch für den Vorerben, bedeuten also eine Einschränkung der für den Vorerben im Absatz 1 aufgeführten Bestimmungen. Die Nacherbfolge tritt somit schon dann ein, wenn der Vorerbe zu seinen Lebzeiten gegen einen der in diesem Absatz aufgestellten Grundsätze verstößt.

From the 2020 judgment:

Am 31. 12. 1970 erteilte das AG Bad Berleburg dem ältesten Sohn des Erblassers, [...] (künftig: Vorerbe), einen Erbschein, der diesen als Vorerben des Erblassers auswies. Dieser Erbschein wurde in der Folge wegen einer unvollständigen Bezeichnung der potentiellen Nacherben berichtigt und dem Vorerben am 10. 8. 1971 ein berichtigter Erbschein erteilt.

That is how wills always work. They are executed and then the deceased has no further influence on what happens to the inheritance. [...]

You can write in your will what you want to, but that doesn't have any influence on all future generations (maximum two if you have a testament like Gustav's grandfather with pre- and final heir) and that is good. Imagine we all had to live exactly as out forefathers had wanted us to. Times change!

I understand and appreciate your main point (and also want to thank you for your many informative contributions to this thread!), but would like to make a correction on one detail:

There is no maximum number or number of generations of pre- and post-heirs who may be imposed by a will. In this case, Prince Gustav Albrecht's 1943 testament stipulated that it would nominate as many consecutive heirs to his estate as the law would permit ("Ich bestimme so viel Nacherbfälle, als nach dem Gesetz jeweils möglich sind.")

However, there is a limit on the period of time before a will is executed and has no further influence. The relevant time limits are found in section 2109 of the Civil Code. Applied to this case, the will's execution was automatically triggered once thirty years had lapsed after Gustav Albrecht's death and his estate had passed to an heir who was not alive at the time of his death. (The court decisions contain more detailed explanations, but that is the essence.)

 

[SirGyamfi1]

It was stipulated in the will (quoted in the court decisions) that the succession requirements would affect all potential heirs. In addition, female-line heirs were subjected to even stricter requirements.

Prince Richard was not bypassed, having fulfilled all applicable requirements. The court decisions note that he was certified by the Bad Berleburg probate court as having succeeded his late father.

From the will:

Die vorstehend berufenen Personen sollen nur Nacherben werden und bleiben, wenn sie im Besitz der Bürgerl. Ehrenrechte und evangelischen Glaubens sind und aus einer Ehe stammen, und wenn sie eine Ehe eingehen bzw. in einer Ehe leben, mit einer Frau, die adlig geboren ist und hinsichtlich ihrer Abstammung die gegenwärtigen Aufnahmebedingungen für die Mitgliedschaft bei der Deutschen Adelsgenossenschaft erfüllen kann. Diese für die Nacherben festgelegten Bedingungen gelten auch für den Vorerben, bedeuten also eine Einschränkung der für den Vorerben im Absatz 1 aufgeführten Bestimmungen. Die Nacherbfolge tritt somit schon dann ein, wenn der Vorerbe zu seinen Lebzeiten gegen einen der in diesem Absatz aufgestellten Grundsätze verstößt.

From the 2020 judgment:

Am 31. 12. 1970 erteilte das AG Bad Berleburg dem ältesten Sohn des Erblassers, [...] (künftig: Vorerbe), einen Erbschein, der diesen als Vorerben des Erblassers auswies. Dieser Erbschein wurde in der Folge wegen einer unvollständigen Bezeichnung der potentiellen Nacherben berichtigt und dem Vorerben am 10. 8. 1971 ein berichtigter Erbschein erteilt.





I understand and appreciate your main point (and also want to thank you for your many informative contributions to this thread!), but would like to make a correction on one detail:

There is no maximum number or number of generations of pre- and post-heirs who may be imposed by a will. In this case, Prince Gustav Albrecht's 1943 testament stipulated that it would nominate as many consecutive heirs to his estate as the law would permit ("Ich bestimme so viel Nacherbfälle, als nach dem Gesetz jeweils möglich sind.")

However, there is a limit on the period of time before a will is executed and has no further influence. The relevant time limits are found in section 2109 of the Civil Code. Applied to this case, the will's execution was automatically triggered once thirty years had lapsed after Gustav Albrecht's death and his estate had passed to an heir who was not alive at the time of his death. (The court decisions contain more detailed explanations, but that is the essence.)

When I said Richard was skipped, I meant that he was bypassed in the ownership of the property not in being Head of his family, of course Richard went above the requirements by marrying a woman from a royal house.

 

[Tatiana Maria]

When I said Richard was skipped, I meant that he was bypassed in the ownership of the property not in being Head of his family, of course Richard went above the requirements by marrying a woman from a royal house.

I was also discussing the ownership of the property. (The courts do not rule on the headship of the family, as that is not a legally recognized status.)

As explained in the court decisions which were linked and quoted in my above post, Richard was the legal owner of his father's property from his father's legal death on December 31, 1945 (and certified as such in 1970) until Richard's own death on March 13, 2017. Therefore, Richard was not skipped in the ownership of the property.

 

[Lady Daly]

Totally unexpected, but fantastic news:

Princess Carina and Prince Gustav are expecting their first child!

A spokesperson of the couple announced today, that the child will be born in early summer with the help of a surrogate mother.

"Princess Carina and Prince Gustav are very happy and grateful for this opportunity and thank everyone involved who helped find a legally legal path to follow. For the child's sake, please refrain from further questions. Further information will be published at the appropriate time".


** BB article: Sød nyhed fra Berleburg Slot: Prins Gustav og prinsesse Carina venter barn **

Congratulations to Prince Gustav and Princess Carina! This is very exciting news! Other than the report they have used a surrogate and want to "thank everyone involved who helped find a legally legal path" we have no further details except their baby is due early this summer, which is right around the corner. I'm pretty sure they have the legalities fully figured out considering all they have been through. Again, best wishes and much happiness to Gustav and Carina.

 

[stellam]

This is very good news indeed. Very happy for them.

 

[MsJulie]

Excited and very happy for them! congratulations!

 

[Tatiana Maria]

The whole non-aryan and other stuff about Carina being his unfit wife was only brought up by his uncle in the hope Gustav would be disqualified

A minor clarification: The family member who challenged Gustav over the Berleburg estate, his cousin Ludwig-Ferdinand, did not bring up the "non-Aryan stuff" in the court dispute, nor in his press briefings. He also did not bring up Carina's non-Protestantism.

The court rulings bear out that in his attempt to disqualify Gustav, Ludwig-Ferdinand only pointed to one quality of Carina - the fact that she was not of "noble birth".

https://openjur.de/u/2340698.html
https://viewer.content-select.com/p...5074efaf5cc104c2b4cb6&frontend=1&language=deu

For reasons I gave in a subsequent post, there are grounds to suspect that Gustav was the party responsible for the false claims in the media about there supposedly being an "Aryan clause" in the will:

https://www.theroyalforums.com/foru...-3-june-2022-present-49425-5.html#post2543999

By the way, I want to thank you again for your summaries of the court case. After reading the rulings, I think you identified most of the major issues discussed by the judges in relation to the marriage stipulations:

https://www.theroyalforums.com/foru...-3-june-2022-present-49425-3.html#post2500345
https://www.theroyalforums.com/foru...-3-june-2022-present-49425-3.html#post2500336

 

[Tatiana Maria]

Regarding the mentions earlier of Gustav's grandfather Gustav Albrecht's actions in relation to a Jewish cemetery, I've finally come across more information on that event, thanks to a post on this very forum summarizing a 2015 German documentary:

Yesterday WDR did broadcast a two-part documentary about the immense Forstbetrieb (Forestry) the Prince zu Sayn-Wittgenstein-Berleburg owns in North-Rhine Westphalia. It was most interesting and both Prince Richard as well Prince Gustav came over as very easy approachable, down-to-earth landowners with a sharp eye for business and nature.

The father of Prince Richard, known for his (in)famous Will in which he stipulated that the heir to the immense patrimonium has to marry with a noble and "aryan" lady is sometimes painted down as a nazi, here or there on diverse forums. It was interesting to know that, in contrary to many royal and noble families in Germany and Austria, the princes zu Sayn-Wittgenstein-Berleburg were NO member of any Nazi-organization. As a Captain in the army, Prince Gustav Albrecht however was forced to fight in WWII (and died in battle in 1944, at the Russian front).

In the documentary it was told that Prince Gustav Albrecht bought the jewish cemeteries located in the Sayn and Wittgenstein lands, so that these became private properties of the princely house. With that the Prince tried to prevent the Nazis to destroy these cemeteries, as they have done in other cities in Germany. The move by the Prince was succesful: the Nazis left the private properties of a German Prince and officer in the Wehrmacht intact...

(Since the above post was written in 2015, before the contents of Gustav Albrecht's will were known, I will repeat the clarification that the will has subsequently been made public in the court judgments and it does not include any inheritance stipulation about marrying an Aryan.)

 

[Muhler]

I think it's not implausible that a person of that time believed in the superiority of an "aryan" race (I dare say racism in it's original form, i.e. racial superiority and inferiority, was more the norm than not at the time) while at the same time being against Jewish graves and monuments, etc. being desecrated.

But while being a most fascinating subject, debating as to why such a paradox might exist in the same person, it is no doubt off topic in this thread.

 

[Kataryn]

I think it's not implausible that a person of that time believed in the superiority of an "aryan" race (I dare say racism in it's original form, i.e. racial superiority and inferiority, was more the norm than not at the time) while at the same time being against Jewish graves and monuments, etc. being desecrated.

But while being a most fascinating subject, debating as to why such a paradox might exist in the same person, it is no doubt off topic in this thread.

Well, there are people who protect animal graveyards from destruction. Just saying...

 

[Stefan]

A minor clarification: The family member who challenged Gustav over the Berleburg estate, his cousin Ludwig-Ferdinand, did not bring up the "non-Aryan stuff" in the court dispute, nor in his press briefings. He also did not bring up Carina's non-Protestantism.

The court rulings bear out that in his attempt to disqualify Gustav, Ludwig-Ferdinand only pointed to one quality of Carina - the fact that she was not of "noble birth".

But there are other Princes who are/have been married to noble woman before Prince Ludwig-Ferdinand in the line like his older brother Prince Otto-Ludwig (the father of Princess Lily) who is married to a Freein von Cramm and Bernhard zu Sayn-Wittgenstein-Hohenstein. Whjy shoiuld the estate gone to Ludwig-Ferdinand and not to one of them?

 

[SirGyamfi1]

But there are other Princes who are/have been married to noble woman before Prince Ludwig-Ferdinand in the line like his older brother Prince Otto-Ludwig (the father of Princess Lily) who is married to a Freein von Cramm and Bernhard zu Sayn-Wittgenstein-Hohenstein. Whjy shoiuld the estate gone to Ludwig-Ferdinand and not to one of them?

I don’t think it’s a matter of who is higher or lower up in succession but more about the fact it is only Ludwig-Ferdinand who is actively pursuing the inheritance case, the others probably don’t care that much or aren’t bothered. Is it just Ludwig-Ferdinand in the family who is suing?

 

[Tatiana Maria]

I think it's not implausible that a person of that time believed in the superiority of an "aryan" race (I dare say racism in it's original form, i.e. racial superiority and inferiority, was more the norm than not at the time) while at the same time being against Jewish graves and monuments, etc. being desecrated.

But while being a most fascinating subject, debating as to why such a paradox might exist in the same person, it is no doubt off topic in this thread.

I agree, and the late Prince Gustav Albrecht did make a comment (in the letter to his family which he included in his will) about needing to prevent women with "'alien' blood" from marrying into his family, which may imply he was opposed to interracial marriage. But it is also possible, as others have mentioned, that his comment only stemmed from worry about the punishments that an interracial marriage would bring upon his family in Nazi-ruled Germany. He did insert quotation marks around the word "alien", and I wonder if there is any significance to that.

(However, it would not surprise me either if a European aristocrat in 1943 had negative views on interracial marriage in his own family at the same time that he protected Jewish cemeteries. I am no historian, but I suspect many of the people who aided Jewish victims of Nazi persecution in the 1940s would have been uncomfortable with one of their own children marrying a person of another race or religion.)


In any case, the facts remain that Gustav Albrecht never wrote any mention of Aryanism into his will, and that he took action to protect the local Jewish cemeteries from the Nazi policy of destruction. Therefore, the ubiquitous claims on the internet in the vein of "Gustav's Nazi fanatic grandfather banned him from marrying a non-Aryan in his will" are, at best, misleading. It is disappointing that the disinformation is still circulating years after being disproven by the publication of the will.

But there are other Princes who are/have been married to noble woman before Prince Ludwig-Ferdinand in the line like his older brother Prince Otto-Ludwig (the father of Princess Lily) who is married to a Freein von Cramm and Bernhard zu Sayn-Wittgenstein-Hohenstein. Whjy shoiuld the estate gone to Ludwig-Ferdinand and not to one of them?

I don’t think it’s a matter of who is higher or lower up in succession but more about the fact it is only Ludwig-Ferdinand who is actively pursuing the inheritance case, the others probably don’t care that much or aren’t bothered. Is it just Ludwig-Ferdinand in the family who is suing?

By the terms of the will, the only person between Gustav and Ludwig-Ferdinand in the line of succession was Otto-Ludwig. The 2019 judgment affirms that Otto-Ludwig renounced his succession rights on April 24, 2017. (Names are redacted from the public versions of German court decisions, but in this case, the parties can easily be identified with the aid of the publicly available family tree.)

I imagine that Otto-Ludwig made his decision to renounce because he was elderly and, per the testament, he would be unable to pass on the estate to his descendants after his death.

Gustav and Ludwig-Ferdinand were the only two family members who applied to be certified as the heir to Gustav Albrecht's estate following the death of Richard. The dispute was resolved in Gustav's favor in 2020.

 

[Duke of Marmalade]

Well, if we assume the child is biologically Carina and Gustav's.
Then they are married. They were married when the egg (assuming it was frozen) was fertilized and the child as such conceived and they are (hopefully) married when the child is born.

So the inheritance as well as the title, should in such a case be ensured, right?

I would be surprised if they went through all the trouble and have a child that is not up for inheritance.
My first thought was good for them, but my second was that it will be very tough on the child, with both parents around 55, the kid will have to grow up fast and will be focused on the inheritance all his or her youth and education as the father will be 75/80 by then (a bit like in Monaco, but Albert is a bit younger in comparison and we are talking about siblings).
On a personal note, not every 55 year old has the energy to look after an infant but they are well off and can hire any help they want.
Good luck to them and especially the kid, as the pressure will be on from day one.

 

[Muhler]

I would be surprised if they went through all the trouble and have a child that is not up for inheritance.
My first thought was good for them, but my second was that it will be very tough on the child, with both parents around 55, the kid will have to grow up fast and will be focused on the inheritance all his or her youth and education as the father will be 75/80 by then (a bit like in Monaco, but Albert is a bit younger in comparison and we are talking about siblings).
On a personal note, not every 55 year old has the energy to look after an infant but they are well off and can hire any help they want.
Good luck to them and especially the kid, as the pressure will be on from day one.

True.

So if they want a sibling, they will have to produce on within the next couple of years.
Would be a great support for each other, especially if the children basically have to take over Berleburg when they are in their 20s.

 

[Tatiana Maria]

I would be surprised if they went through all the trouble and have a child that is not up for inheritance.

Present-day German law does not distinguish between legal children in the inheritance of their parent's properties or titles (the latter are part of the surname), irrespective of the circumstances of their conception, birth or adoption.

The same applies to gender. If the rumor or speculation that Gustav and Carina have ensured the child will be a boy is true, then it is purely motivated by their own thinking, as there is no legal reason or need to do so.

Any legally acknowledged child of Gustav will be entitled to carry his surname, including the Prinz/Prinzessin title, and to succeed to a share of his properties (he may disinherit any of his children, but they would retain the right to claim a compulsory share from Gustav's designated heir).

Tilia C. provided a good short summary:

It is not uncommon that German couples use surrogate motherhood agencies abroad, especially in Ukraine, and sometimes in the US. Well, Ukraine seems unlikely in the current war situation. In the case that the social father is the sperm donor/biological father, the surrogate mother will register him as the father of the child on the birth certificate, and she'll grant him sole custody of the baby. That way he can bring his baby to Germany where the social mother must adopt the baby to share in the custody. (I hope I remember this correctly, as I got the info from a TV documentary I watch a couple of months ago). That way it's not illegal, they just can't have a German surrogate mother.

As for the title: they are part of the name in Germany, and names can be given to adopted children. Some conservative relations might contest the validity of the child claiming headship to the Princely House. But they might do that for any odd reason, and it doesn't matter much modern times. And it seems that the Danish RF already expressed their joy in the newly expected family member. They seem to be eager to welcome the little one as part of the family.

As for the estate: afaik, now that Prince Gustav is the legal owner of the estate, he can dispose of it nearly as he wishes. It's only that a surviving wife and surviving children can claim legal portion of the estate. Uncles and cousins have no claim on it whatsoever, so there won't be anybody being able to effectively contest Gustav's will. I can't imagine that there is anything that can prevent the surrogate child from inheriting, afaik.