On Thursday, the European Parliament approved new legislation ensuring that children enjoy the same rights across the EU in areas such as education, healthcare, custody, or inheritance. EU countries will still be able to decide to whom they grant parenthood. For example, they may determine whether to recognize surrogacy, but they may not refuse or obstruct recognition of forms of parenthood from other EU countries.
Only if a country considers a form of parenthood incompatible with its national 'public policy' is a strictly defined exception possible. In that case, prior verification must ensure that there is no disguised discrimination against children of same-sex couples or 'rainbow families.'
Freedom of movement is one of the four pillars of the European Union, but this right is denied to rainbow families. The European Court has ruled several times that discrimination occurs and that EU countries must no longer separate children from their parents. Following this, the European Commission presented a legislative proposal to recognize rainbow families.
Currently, about two million children in the EU risk that their parents are not authorized as such in another member state. National law often still takes precedence over European law in the recognition of parenthood. As early as 2017, the Parliament called for acceptance of cross-border adoptions within the EU.
According to CDA MEP Toine Manders, human rights always come first. 'Everyone can and should choose their partner, but children cannot choose their parents. That is why it is important that the EU stands up for the rights of the child,' Manders said.
'Sometimes, when the rights of the child are not recognized because parenthood is not accepted, those parents must go to court, to the European Court. And they always win there. However, it is very costly and takes a lot of time. Therefore, it is good that we will now implement mutual recognition throughout Europe.' Kim van Sparrentak, GroenLinks MEP and chair of the LGBTI intergroup in the European Parliament, is also pleased with this good news for rainbow families.
MEP Anja Haga (Christian Union) called it undesirable that the European Union dictates how family compositions should be regarded in member states. She therefore finds it appropriate that family law remains regulated at the national level. 'Although the European Commission emphasizes that family law remains a matter for member states, I foresee that through the introduction of a European Parenthood Certificate, we may nonetheless open the door towards forced acceptance of matters like surrogacy or multi-parenthood.'
Bert-Jan Ruissen (SGP) argued: "We are very concerned about this regulation. Among other things, this will lead to the objectionable practice of surrogacy having to be recognized in all member states." After this consultation by the European Parliament, all EU governments will now decide unanimously on the final version of the new rules. There is a chance that conservative governments, such as Hungary's, could block it.