The EU’s highest court has ruled that all member states must recognise same-sex couples and their children as a family.
On Tuesday, in a landmark ruling, the European Court of Justice (CJEU) has acknowledged that if one country identifies familial links between a parent and child, then all EU countries should in order to ensure the child’s safe passage between nations.
The case came before the court following the Bulgarian authority’s refusal to give a birth certificate to a child of same-sex parents. This was justified on the basis that a child cannot have two mothers. What is it, the 1950s?!
Sara, who was born in Spain in 2019 is the registered child of Bulgarian Kalina Ivanova and British Gibraltar-born Jane Jones. In a complicated set of circumstances, however, the child cannot have Spanish citizenship as neither parent is Spanish, she cannot have British citizenship under the British Nationality Act of 1981, and an application for Bulgarian citizenship was rejected as the country does not recognise same-sex partnerships.
Sara was thus left stateless on account of her same-sex parents. This greatly limited her access to healthcare, schooling and social security. It also means that, since she could not obtain a passport, she could not leave her parents home country of Spain.
The European Court of Justice (the EU's supreme court) has just ruled that a same-sex marriage concluded in one EU member state must be recognised by all the others – even if they don't have gay marriage.https://t.co/t3mP1pnBte
— Dave Keating (@DaveKeating) June 5, 2018
Following the case’s outcome on Tuesday, Arpi Avetisyan, head of litigation at NGO ILGA-Europe said, “The judgment has brought long-awaited clarification that parenthood established in one EU Member State cannot be discarded by another, under the pretence of protecting the national identity.”
Avetisyan further observed that, “This is a true testament to the EU being a union of equality and we look forward to seeing rainbow families enjoying their right to freedom of movement and other fundamental rights on equal footing to anyone else. It is important that the judgment is implemented imminently, not only for baby Sara and her family, but also for other families facing similar struggles across the EU.”
Big decision by EU #AdvocateGeneral saying the term spouse in EU law includes #SameSexMarriage Romania must permit US spouse of a Romanian national a residency and work visa, despite Romania not recognizing SSM. Will be interesting to see #ECJ decision https://t.co/Zth1I3YJdf
— Roderic O’Gorman TD (@rodericogorman) January 11, 2018
Amazingly for Sara and families like hers, this ruling cannot be appealed, ensuring the enduring right of same-sex families to pass freely throughout the EU.
