Lydia Bracken, ‘Recognition of LGBTQI+ parent families across European borders’

ABSTRACT
The legal recognition of LGBTQI+ parent families differs considerably across Europe and is a matter that is largely outside of the remit of EU law. This creates difficulties for LGBTQI+ parent families who cross European borders as legal parent-child relationships established in one Member State may not be recognized in another, resulting in limping legal parentage. In the case of VMA v Stolichna obshtina, the CJEU found that where one EU Member State recognizes the legal parentage of same-sex parents, all other EU Member States must also recognize those parent-child relationships for the purpose of free movement. This article examines the significance and limitations of the decision.

Lydia Bracken, Recognition of LGBTQI+ parent families across European borders, Maastricht Journal of European and Comparative Law, https://doi.org/10.1177/1023263X221098050. First Published 29 May.

First posted 2022-05-31 06:37:39

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