Children of gay couples, EU: “States must recognize them”

The European Commissioner for Justice Didier Reynders writes it

“In line with the strategy for LGBTIQ equality 2020-2025, the Commission is in continuous dialogue with the Member States regarding the implementation of the judgments of the Court of Justice of the European Union. This also includes the obligation for Member States to recognize the filiation of a minor with parents of the same sex for the purpose of exercising the rights conferred by the EU”. This was written by the European Commissioner for Justice Didier Reynders, in response to a question from the MEPs of the M5S.

Member States, Reynders points out, “are competent to adopt substantive family law measures, including those concerning gender and the content of national standard documents and forms relating to gender”. EU law, on the other hand, “governs the security features of passports and identity cards, but does not limit the number of fields that such documents must include. Therefore, Member States may include fields relating to the holder’s parents”.

“However, on the basis of the free movement acquis – continues Reynders – the terms used to refer to each parent in a document issued in one Member State cannot be invoked by another Member State to refuse to issue a passport or of an identity card to a minor whose parents are of the same sex. Member States must respect the fundamental rights enshrined in the Charter, including the right to non-discrimination, only when implementing EU law”.