SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
Two men and their son pose with a rainbow umbrella during a demonstration against Hungary's Anti-LGBTQ+ law, organized at the Homomonument in Amsterdam, Netherlands on June 21, 2021. (Photo: Romy Arroyo Fernandez/NurPhoto via Getty Images)
In 'Huge Step' Toward Equality, Top EU Court Rules Same-Sex Parents Must Be Recognized Across Bloc
"If you are a parent in one country, you are parent in every country."
Dec 14, 2021
A same-sex couple in Spain will be able to obtain citizenship papers for their daughter and same-sex parents across the European Union will no longer be denied recognition by E.U. countries including Bulgaria and Poland, following a ruling by a top European court on Tuesday.
The Court of Justice of the European Union (CJEU) ruled that all nations in the bloc must recognize same-sex couples and their children as families, saying that a failure to do so unjustly restricts movement within the E.U. for the children of LGBTQ+ parents.
The decision gives "legal endorsement" to the idea that "if you are a parent in one country, you are parent in every country," said Arpi Avetisyan, head of litigation at LGBTQ+ rights group ILGA-Europe, repeating the words of European Commission President Ursula von der Leyen.
"We are very pleased with CJEU's judgment this morning," said Avetisyan. "The judgment has brought long-awaited clarification that parenthood established in one E.U. member state cannot be discarded by another, under the pretense of protecting the 'national identity.'"
The ruling was handed down in the case of two women--pseudonymously identified as Kalina Ivanova and Jane Jones by ILGA-Europe--whose daughter Sara was born in Spain in 2019.
"This is a long-awaited step ahead for us but also a huge step for all LGBT families in Bulgaria and Europe."
Ivanova is a Bulgarian citizen and Jones is from the British territory of Gibraltar. Spain recognizes the two women as Sara's parents, but since neither is a citizen of Spain, they were unable to secure Spanish citizenship for the child.
Jones was also unable to transfer her British citizenship to Sara due to the British Nationality Act of 1981, leaving the couple to pursue Bulgarian citizenship for their daughter.
Since Bulgaria does not legally recognize same-sex marriages or partnerships, authorities refused to grant Sara a birth certificate or citizenship, rendering the child stateless and without the rights afforded to children born in the European Union.
According to IGLA-Europe, Bulgaria's treatment of the family has left them unable to leave Spain while restricting Sara's access to education, healthcare, and social security in the country.
In a decision that can't be appealed, the CJEU ruled that depriving a child of an officially recognized relationship with one of their parents while the child is exercising their right to free movement in the E.U. runs counter to Articles 7 and 24 of the E.U. Charter of Fundamental Rights.
The failure to E.U. nations to recognize the parent-child relationship could also make free movement "impossible or excessively difficult" for the child, the court found.
Bulgarian officials will now be required to issue citizenship and a birth certificate to Sara, and all other E.U. member states will be required to recognize her as a citizen of Bulgaria.
"This is a long-awaited step ahead for us but also a huge step for all LGBT families in Bulgaria and Europe," said Jones and Ivanova.
ILGA-Europe said the ruling was "a true testament to the E.U. being a union of equality."
"We look forward to seeing rainbow families enjoying their right to freedom of movement and other fundamental rights on equal footing to anyone else," said Avetisyan.
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. If you share our vision, please contribute whatever you can to sustain our work. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
A same-sex couple in Spain will be able to obtain citizenship papers for their daughter and same-sex parents across the European Union will no longer be denied recognition by E.U. countries including Bulgaria and Poland, following a ruling by a top European court on Tuesday.
The Court of Justice of the European Union (CJEU) ruled that all nations in the bloc must recognize same-sex couples and their children as families, saying that a failure to do so unjustly restricts movement within the E.U. for the children of LGBTQ+ parents.
The decision gives "legal endorsement" to the idea that "if you are a parent in one country, you are parent in every country," said Arpi Avetisyan, head of litigation at LGBTQ+ rights group ILGA-Europe, repeating the words of European Commission President Ursula von der Leyen.
"We are very pleased with CJEU's judgment this morning," said Avetisyan. "The judgment has brought long-awaited clarification that parenthood established in one E.U. member state cannot be discarded by another, under the pretense of protecting the 'national identity.'"
The ruling was handed down in the case of two women--pseudonymously identified as Kalina Ivanova and Jane Jones by ILGA-Europe--whose daughter Sara was born in Spain in 2019.
"This is a long-awaited step ahead for us but also a huge step for all LGBT families in Bulgaria and Europe."
Ivanova is a Bulgarian citizen and Jones is from the British territory of Gibraltar. Spain recognizes the two women as Sara's parents, but since neither is a citizen of Spain, they were unable to secure Spanish citizenship for the child.
Jones was also unable to transfer her British citizenship to Sara due to the British Nationality Act of 1981, leaving the couple to pursue Bulgarian citizenship for their daughter.
Since Bulgaria does not legally recognize same-sex marriages or partnerships, authorities refused to grant Sara a birth certificate or citizenship, rendering the child stateless and without the rights afforded to children born in the European Union.
According to IGLA-Europe, Bulgaria's treatment of the family has left them unable to leave Spain while restricting Sara's access to education, healthcare, and social security in the country.
In a decision that can't be appealed, the CJEU ruled that depriving a child of an officially recognized relationship with one of their parents while the child is exercising their right to free movement in the E.U. runs counter to Articles 7 and 24 of the E.U. Charter of Fundamental Rights.
The failure to E.U. nations to recognize the parent-child relationship could also make free movement "impossible or excessively difficult" for the child, the court found.
Bulgarian officials will now be required to issue citizenship and a birth certificate to Sara, and all other E.U. member states will be required to recognize her as a citizen of Bulgaria.
"This is a long-awaited step ahead for us but also a huge step for all LGBT families in Bulgaria and Europe," said Jones and Ivanova.
ILGA-Europe said the ruling was "a true testament to the E.U. being a union of equality."
"We look forward to seeing rainbow families enjoying their right to freedom of movement and other fundamental rights on equal footing to anyone else," said Avetisyan.
A same-sex couple in Spain will be able to obtain citizenship papers for their daughter and same-sex parents across the European Union will no longer be denied recognition by E.U. countries including Bulgaria and Poland, following a ruling by a top European court on Tuesday.
The Court of Justice of the European Union (CJEU) ruled that all nations in the bloc must recognize same-sex couples and their children as families, saying that a failure to do so unjustly restricts movement within the E.U. for the children of LGBTQ+ parents.
The decision gives "legal endorsement" to the idea that "if you are a parent in one country, you are parent in every country," said Arpi Avetisyan, head of litigation at LGBTQ+ rights group ILGA-Europe, repeating the words of European Commission President Ursula von der Leyen.
"We are very pleased with CJEU's judgment this morning," said Avetisyan. "The judgment has brought long-awaited clarification that parenthood established in one E.U. member state cannot be discarded by another, under the pretense of protecting the 'national identity.'"
The ruling was handed down in the case of two women--pseudonymously identified as Kalina Ivanova and Jane Jones by ILGA-Europe--whose daughter Sara was born in Spain in 2019.
"This is a long-awaited step ahead for us but also a huge step for all LGBT families in Bulgaria and Europe."
Ivanova is a Bulgarian citizen and Jones is from the British territory of Gibraltar. Spain recognizes the two women as Sara's parents, but since neither is a citizen of Spain, they were unable to secure Spanish citizenship for the child.
Jones was also unable to transfer her British citizenship to Sara due to the British Nationality Act of 1981, leaving the couple to pursue Bulgarian citizenship for their daughter.
Since Bulgaria does not legally recognize same-sex marriages or partnerships, authorities refused to grant Sara a birth certificate or citizenship, rendering the child stateless and without the rights afforded to children born in the European Union.
According to IGLA-Europe, Bulgaria's treatment of the family has left them unable to leave Spain while restricting Sara's access to education, healthcare, and social security in the country.
In a decision that can't be appealed, the CJEU ruled that depriving a child of an officially recognized relationship with one of their parents while the child is exercising their right to free movement in the E.U. runs counter to Articles 7 and 24 of the E.U. Charter of Fundamental Rights.
The failure to E.U. nations to recognize the parent-child relationship could also make free movement "impossible or excessively difficult" for the child, the court found.
Bulgarian officials will now be required to issue citizenship and a birth certificate to Sara, and all other E.U. member states will be required to recognize her as a citizen of Bulgaria.
"This is a long-awaited step ahead for us but also a huge step for all LGBT families in Bulgaria and Europe," said Jones and Ivanova.
ILGA-Europe said the ruling was "a true testament to the E.U. being a union of equality."
"We look forward to seeing rainbow families enjoying their right to freedom of movement and other fundamental rights on equal footing to anyone else," said Avetisyan.
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.
To inform. To inspire. To ignite change for the common good.
News & Opinion
Trending
Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit
Privacy Policy