The European Commission proposes that all EU countries recognize the parentage of children of LGTBI couples
La European Commission launched this Wednesday a proposal for a regulation to harmonize laws of the Member States regarding the filiation of children with their parents, which also provides for the creation of a "European certificate of parenthood” valid in the Twenty-seven. Although the initiative, if approved, would benefit any family that, for example, moves to another EU country, it is specifically designed to facilitate the legal recognition of children of LGTBI couples on European territory, in view of the fact that there are states like Poland or Hungary where rights of this group they are going backwards.
"All EU members have to recognize parentage established in another member state”, has summarized the Justice Commissioner Didier Reynders, in line with what the president stated a few months ago, ursula von der layen"If you are a parent in one country, you are a parent in all countries”. The President of the Commission has celebrated with "pride" this proposal. The objective is "help all families and children in cross-border situations"And"reinforce LGTBI rights".
reynders, has presented this apparently simple proposal, but with significant legal implications in matters of private international law, for example, in matters of inheritance, maintenance or custody rights. “From the moment a Member State establishes a link of parentage on the basis of its national law, all other Member States must recognize that link and allow, for example, parents enter their territory and reside with their children there”, he explained at a press conference in Brussels.
The proposal benefits all children whose affiliation has been established in a Member State "regardless of how the child was conceived or born, regardless of the type of family of the minor and regardless of the nationality of the children and parents".
The rule would also apply to cases of surrogacy if they are allowed in EU countries or, as in Spain, filiation occurs at consulates: "If there is recognition through an embassy or in a third country, the rights of children in that member state must be respected".
It is about, underlines the European Commission, from "beef up” the protection of fundamental and other rights of children, including the right to an identity, not to be discriminated against and to a family life in another Town member other than the one where they were born or adopted, always taking into account as "first consideration" the best interest of the minor. It also seeks to providelegal certainty” when in a country it is requested to recognize the filiation of a child already established in another member of the UE.
"European certificate of parenthood"
A key element of the proposal is the creation of a “European certificate of parenthood” that children or their legal representatives may request in the country that established their filial relationship. This certificate, which will be Voluntary and will be available in all languages of the UE, must be accepted in each Member State, as long as the proposal goes ahead, thus facilitating the transfer of families for work reasons —or any other type— within the European space. And that is a fundamental question, he pointed out reynders: currently, the obstacles that some families experience LGTBI in certain European countries are violating, among others, a key right in the region: that of move freely around Europe.