Uniform Recognition of Parenthood in the European Union and the Prospects for the Introduction of the New European Certificate of Parenthood

Abstract

According to estimates by the European Union, currently around two million children may find themselves at a disadvantage because their parents are not recognised as such in another Member State. This can occur when families move to another Member State or return to their Member State of origin.

Under European Union law, Member States are already required to recognise parenthood established in another Member State, in particular for the exercise of rights deriving from the Union’s free-movement law—such as the right to enter and reside in another Member State, the right to equal treatment, and the right to obtain travel documents for the child. European Union law, however, does not require recognition of parenthood established in another Member State for the purposes of rights arising under national law, for example inheritance, maintenance, or custody rights. Recognising this situation, the European Parliament has adopted several resolutions on the matter in recent years, and on 7 December 2022 the European Commission adopted a proposal for a Council Regulation on the recognition of parenthood and on the creation of a European Certificate of Parenthood. In December 2023, the European Parliament supported this legislative proposal, which ensures that where one European Union country establishes parenthood, that parenthood is recognised by the other Member States as well. Recognition of parenthood would significantly reduce the number of children who are currently at a disadvantage.

The next step is for the Council of the European Union, following consultation of the Parliament, to adopt the Commission’s proposal unanimously under the special legislative procedure.