“How many cases in the EU Court of Justice will it take to ensure the recognition of administrative documents and the family link between all Member States?”, asked MEP Marc Angel (S&D, Luxembourgian) in the European Parliament’s Strasbourg chamber on 23 November. He was referring to the judgment in the so-called “baby Sarah” case (case C-490/20), named after the little girl born in 2019 to a Bulgarian mother and a British mother. Bulgaria refuses to provide a birth certificate, as it does not recognise the mention of two mothers on the document. The CJEU ruled in 2021 that Bulgaria should issue a passport to the child (see EUROPE 12853/25).
“Imagine what it is like to cross a border and suddenly not be able to prove your child is yours”, said Kim van Sparrentak (Greens/EFA).
Earlier in the day, the LGBTQ Intergroup at Parliament had received one of Sarah’s mothers as well as the lawyer in the case, Denitsa Lyubenova, for a presentation of the case and the wider issue.
The elected representatives called on the Commission to quickly present a legislative proposal to ensure the recognition of so-called “rainbow families” from one Member State to another. “The Commission was supposed to issue an act in November, but this was postponed, so we are keeping up the pressure”, said Pierre Karleskind at the event.
The European Commissioner for Equality, Helena Dalli, assured MEPs that the European Commission will present a proposal for a Regulation in the coming weeks to harmonise the rules for establishing parenthood in cross-border situations and for the recognition in one Member State of parenthood established in another Member State.
According to the latest version of the Commission’s provisional timetable, the European Commissioner for Values and Transparency, Věra Jourová, is expected to present her proposal on 7 December. (Original version in French by Léa Marchal)