Members of the European Parliament pushed the European Commission on Wednesday (23 November) to craft a proposal to enshrine the cross-border rights of ‘rainbow families” into EU law.
During the plenary session, MEPs discussed the Court of Justice of the European Union’s “Baby Sara” case in which the daughter of a same-sex couple born in Spain was refused a birth certificate by Bulgarian authorities because Bulgaria does not recognise same-sex marriages and legal parenthood.
As a result, Sara is legally stateless, meaning her free movement within the EU is restricted to Spain.
The CJEU ruled last year that while member states cannot be forced to legally recognise same-sex couples and their parenthood, they must uphold the rights of couples and their children under EU law, even if that means de facto recognising rainbow families.
However, even though the CJEU decided that because Spain recognised Sara’s parents, Bulgaria should do the same to protect her rights, action is stalled, and her and other children’s situations remain unresolved.
Lesbian parents in Bulgaria fight to expand LGBTQ+ family rights in EU court
A lesbian couple who went to the European Union’s top court to force Bulgaria to recognise same-sex parents officially said they hope their legal battle brings new rights for families across the continent.
Several MEPs pointed to this continued legal limbo as a reason for the European Union to intervene.
“Despite the fact that these rights are enshrined in the treaty, the EU is not stepping in effectively to protect citizens, including rainbow families,” MEP Mario Furore said. “Now the EU has to develop common rules recognising these unions and parenthood. We cannot allow for citizens to be discriminated against.”
Others took the call a step further, urging the Commission to pursue infringement proceedings and impose sanctions against states that do not comply with the CJEU ruling.
However, parenthood recognition rules currently fall under the competence of member states, and some MEPs argued that the Commission would be overstepping its mandate if it proposed this kind of legislation.
“Through this regulation and these rules, the European Commission wants to impose something on the member states but doesn’t fall within its remit,” MEP François-Xavier Bellamy said. “It’s linked to the definition of family and parenthood. No treaty has given [the Commission] this ability.”
Bulgarian MEP Angel Dzhambazki opposed the idea along similar lines.
“What you’re trying to do here is change our way of life,” he said. “We don’t tell you how to organise your societies or families. […] Our marriage is between a man and a woman. Parents are a man and a woman. This is our national will.”
In response to these speeches, Helena Dalli, the EU equality commissioner, assured MEPs that the Commission is “monitoring the implementation of the court’s judgment and is in dialogue with member states in this regard.”
“If necessary, the Commission will take legal action,” she added.
Dalli also said that the Commission will present “a proposal for a regulation harmonising the member states’ rules for establishing parenthood in cross-border situations and for recognising a member state of the parenthood established in another member state.”
[Edited by Alice Taylor]
Source: euractiv.com
