The European Commission proposed in December 2022 a Council regulation on the recognition of parenthood between EU member states but the proposal did not advance during the previous EU Presidencies and is not included in the programme of the Belgian EU Presidency.
As previously reported, the proposal aims at ensuring that parenthood established in one EU member state is recognized in all other member states in order to protect children’s rights in cross-border situations and to facilitate family travel in the EU. An estimated 2 million children may currently face difficulties in having their parenthood recognised in another member state for all purposes.
The proposal includes the creation of a European Certificate of Parenthood and covers the recognition of the parenthood of all children irrespective of how they were conceived or born (e.g., by surrogacy) and irrespective of their type of family (e.g., same-sex parents), and irrespective of the nationality of the child and of its parents.
The recognition is explicitly limited to EU member states. Recognition of parenthood established in a non-EU country will not be recognized and will remain governed by the national law of each member state. A Commission spokesperson underlined that family law is a national competency. It would be up to the member states to conclude bilateral agreements with third countries.
The proposal was supposed to be adopted in a special legislative procedure without trilogue negotiations between the European institutions but still requires unanimity by the Council after consultation with the Parliament. Hungary and Poland have announced that they oppose the proposal. Hungary will take over the EU Presidency after Belgium.
The Council has been analyzing the proposal but no decision was taken during the previous Swedish and Spanish EU Presidencies. The Brussels Times has reached out to the Belgian EU Presidency, which started on January 2024, but did not receive a reply to a request for comment.
According to recent rulings by the European Court of Justice, member states have discretion in family law but significantly less discretion as regards legal recognition and protection in general. They are obliged to have a specific legal framework providing for same-sex unions and their children. The rulings concerned cases in specific countries but are applicable to all EU member states.
Does this imply that the original Commission proposal is less relevant now? According to law professor Alina Tryfonidou at University of Cyprus, who has written a study on the proposal for the European Parliament, the adoption of the proposed regulation is still necessary because it will require the cross-border recognition of parenthood for all legal purposes.
“One of the rulings requires cross-border recognition of parenthood for the purpose of the exercise of free movement rights,” she told The Brussels Times. “This definitely includes the grant of family reunification rights under EU law and could include other EU-derived rights, such as non-discrimination with regard to the receipt of social assistance benefits.”
However, the ruling does not require cross-border recognition of parenthood for other legal purposes, for example in official documents such as a child’s ID and birth certificate.
M. Apelblat
The Brussels Times
