The European Parliament’s Committee on Legal Affairs (JURI) adopted by a large majority (14 votes in favour, 4 against and no abstentions), on Tuesday 7 November, its position on the proposal on the recognition of parenthood throughout the European Union (see EUROPE 13079/19). The compromise amendments were adopted as a single package.
As Maria-Manuel Leitão-Marques (S&D, Portuguese) pointed out, the aim of her draft report is to “ensure that the rights of every child are guaranteed and protected”. And to clarify: “With this vote, the Parliament stands behind the Commission in its aim of ensuring that if you are a parent in one Member State, you are a parent in all Member States”.
And for good reason: current legislative differences between EU countries can lead to situations where a child may lose his or her legal link with his or her parents when crossing borders, particularly in so-called “rainbow” families.
While the text supported by MEPs does not change substantive family law, respecting the exclusive competence of each Member State in this area, it does ensure that parenthood statutes established in one Member State are recognised by all the others. In this sense, the introduction of a European Parenthood Certificate is foreseen. It will complement national documents, will be available in paper and electronic format, and can be issued rapidly.
On surrogate motherhood, Ms Leitão-Marques’ report states that this sensitive issue remains at the discretion of each EU Member State. However, the case law of the European Court of Human Rights requires recognition of the link between children born by this method abroad and their intended biological parents, and it requires a mechanism for recognising the link with non-biological intended parents. This text does not extend to parenthood established outside the EU.
With regard to the provision on public order, which had also been the focus of debate (see EUROPE 13253/9), an exception has been adopted in the draft law. It authorises States to refuse recognition of parenthood in cases of flagrant incompatibility with public policy, while prohibiting discriminatory use of this exception.
MEPs approved a list of restricted grounds for refusal to ensure that these reasons are only invoked as a last resort and that each situation is considered on its own merits. Even in the event of refusal by national authorities, recognised parenthood would be preserved until all options for legal recourse have been exhausted and a final decision has been taken, as argued by the shadow rapporteur Pierre Karleskind (Renew Europe, French).
The text will be submitted to the plenary session starting on Monday 11 December, and the final decision will be taken by the Member States, as family law is a matter of national competence.
To see the compromise amendments: https://aeur.eu/f/9ev (Original version in French by Nithya Paquiry)