“The recognition in one Member State of civil status documents relating to marriages, partnerships and parenthood issued in another Member State is the basis of the right of free movement and an essential element in the construction of a union of equals”, stated the European Commissioner for Intergenerational Fairness, Youth, Culture and Sport, Glenn Micallef, at the opening of the debate held on Thursday 13 February in the European Parliament on the cross-border recognition of civil status documents for same-sex couples and their children.
The Commission’s 2022 proposal for a regulation on the recognition of parenthood throughout the EU, although supported by the European Parliament at the end of 2023 (see EUROPE 13314/20), comes under family law and is therefore a national competence requiring unanimity in the EU Council, which is still under discussion.
Glenn Micallef pointed out that “the Court of Justice stated in its 2018 judgment that today EU law on free movement requires Member States to recognise, for certain purposes, civil status documents relating to marriage or partnership issued in another Member State, irrespective of the sex of the spouses or partners”.
Also, as the European Commissioner pointed out, recognition does not mean that Member States have to introduce marriage for same-sex couples into their national legislation.
During the discussions, Seán Kelly (EPP, Irish) called for automatic recognition of civil status documents. The aim is to avoid situations where “a child recognised as the legal child of two parents in one country finds him or herself without legal guardianship in another country”.
Krzysztof Śmiszek (S&D, Polish) also pointed to disparities between Member States: “How is it possible that when I get on a train in Berlin and get off the train in Warsaw, I can lose my legal status as a parent?”.
On the other hand, Paolo Inselvini (ECR, Italian) expressed his firm opposition, claiming that the proposal undermined the sovereignty of States in matters of family law and that it was part of an “ideology” aimed at imposing non-consensual family models on certain European countries. The same position was taken by Siegbert Frank Droese (ESN, German), who was concerned about the European Union interfering in a matter that comes under national law.
Fabienne Keller (Renew Europe, French) condemned the rise in discrimination against LGBTQI families and the risk of legal uncertainty for thousands of children: “It is urgent to act”.
Kim van Sparrentak (Greens/EFA, Dutch) called on the Commission to act quickly: “If you are a parent in one country, you must be a parent in all countries”.
Closing the debate, Glenn Micallef said that this recognition, which “does not imply any interference by the EU in national family law, such as the rules on the definition of the family” “guarantees that same-sex couples and their children will be able to enjoy all their rights in all Member States”. (Original version in French by Nithya Paquiry)