This week the European Court of Justice ruled that member states are obliged to give an ID-card or passport to children born to same-gender parents.
“[A] child, being a minor and a Union citizen, whose birth certificate was drawn up by the host Member State and designates as parents two persons of the same sex: the Member State of which the child is a national is obliged to issue an identity card or a passport to that child without requiring a birth certificate to be drawn up beforehand by its national authorities,” a transcript from the European Court of Justice explains.
“It is also obliged to recognise the document from the host Member State that permits that child to exercise, with each of those two persons, the child’s right to move and reside freely within the territory of the European Union.”
“This case is groundbreaking,” said prominent EU LGBTIQ+ advocate Rémy Bonny of Forbidden Colours.
“Over the last year, we have seen politicians from Bulgaria, Hungary and Poland trying to take away the basic rights from LGBTIQ+ persons.”
“This has detrimental impact on the lives of millions of Europeans, including children. It is heartwarming to see that the European Court of Justice rules that discrimination has no place within the EU legal order. ”
The case was elevated due to the case of Baby Sara, born in Spain in 2019. One mother was Bulgarian, while the other was British.
Baby Sara’s birth certificate, with two mothers provided by the Spanish authorities, was declared invalid by the Bulgarian authorities since they don’t recognise same-sex families, leaving Sara at risk of being stateless.
OIP Staff
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