Meeting in Luxembourg on Friday 14 June, the justice ministers of the European Union held a policy debate on the proposal put forward by the Commission in December 2022 (see EUROPE 13079/9), which aims to facilitate the recognition of parenthood of a child in one Member State, when that parenthood has been established in another Member State. This discussion focused in particular on cases of parenthood following surrogacy.
Despite significant differences, a consensus seems to be emerging around the idea of combining several solutions, such as the public policy exception, mandatory national provisions and the possibility of alternative procedures for recognising parenthood.
The Swedish minister, Gunnar Strömmer, stressed the importance of guaranteeing equal rights for all children, regardless of how they are conceived or the type of family. However, he expressed concerns about surrogacy, describing solutions that respect Member States’ national policies on this sensitive issue as positive, while stressing the need to explore other options.
Carlo Nordio, the Italian minister, firmly opposed any form of surrogacy, considering it to be an attack on the dignity of women and children. The Italian Parliament is in the process of adopting a law criminalising this practice, even if it is legal abroad, underlining the importance for Italy of preserving its constitutional principles.
His Latvian counterpart, Lauma Paegļkalna, supported the introduction of a public policy exception to deny recognition of parenthood in cases of surrogacy, in line with her national legislation. This position was shared by several other countries, including Estonia, Slovenia and Croatia, which consider surrogacy to be incompatible with their national laws.
The German minister, Marco Buschmann, stressed the need for flexibility and openness. In his view, the public policy clause could offer an acceptable solution, by being formulated in a general way in the articles of the regulation and specified in the recitals. The Czech Republic expressed similar reservations, preferring the public policy clause as the main solution.
Other countries, such as Romania, called for a balance between recognition of children’s rights and respect for national legislation. Bulgaria and Greece also stressed the importance of preserving the constitutional, social and cultural guarantees of each country.
Luxembourg, which is in favour of recognising surrogate births, supported the Commission’s proposal, insisting on the protection of children’s rights, while the Netherlands acknowledged the sensitivities surrounding this issue, stressing the need for a balanced approach.
In the European Parliament, the report voted in December 2023 (see EUROPE 13314/20) supports the recognition of parenthood throughout the EU.
However, as this dossier is subject to the consultation procedure, the Council is not obliged to follow the European Parliament’s position. As family law is a matter of national competence, the Council will decide on the proposal with the unanimity of the Member States.
These discussions will continue under the Hungarian Presidency from July onwards, in the hope of finding a common solution. (Original version in French by Nithya Paquiry)