The European Parliament has adopted by 366 votes to 145 with 23 abstentions the proposal on the recognition of parenthood throughout the European Union (see EUROPE 13079/19). The vote confirms the report backed by Maria-Manuel Leitão-Marques (S&D, Portuguese) adopted by the Committee on Legal Affairs (JURI) on 7 November (see EUROPE 13287/15).
The proposed regulation aims to protect the fundamental rights of children and ensure legal certainty for families. “With this vote, we are one step closer to ensuring that if you are a parent in one Member State, you are a parent in all Member States”, said the Social Democrat MEP in a statement.
By introducing a European Certificate of Parenthood, the text ensures that when parenthood is established by an EU country, it is recognised by the other Member States. In addition, this certificate cuts through the red tape.
Without replacing national documents, it will offer an electronic alternative accessible in all languages for consultation in all Member States and will reduce legal costs for families.
The provisions advocated in Ms Leitão-Marques’ report have therefore been adopted to make access to recognition as easy as possible. Children and their families would not have to provide documents to the authorities more than once. It is also a question of adapting the key concepts of the regulation in neutral terms to ensure its effect on all families, including LGBT+ families.
“This is not just a legal victory; it is a victory for love, for understanding and for the countless Rainbow families who have been waiting a long time for this recognition”, said shadow rapporteur Pierre Karleskind (Renew Europe, French).
On surrogate motherhood, the text specifies 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.
With regard to the provision on public order, an exception has been adopted in the draft law. It authorises Member States to refuse recognition of parenthood in cases of flagrant incompatibility with public policy, while ensuring “that public policy is not used to circumvent the obligations laid down in this Regulation”.
The report also encourages Member States to organise training for judges, legal professionals and the national authorities concerned.
However, as this dossier is an EU Council Regulation under the consultation procedure, the EU Council is not obliged to follow the opinion given by Parliament. As family law is a matter of national competence, the EU Council will decide on the proposal unanimously.
To see the adopted text: https://aeur.eu/f/a5f (Original version in French by Nithya Paquiry)