Earlier this week (7 December 2022), the European Commission adopted the Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood, doc. COM(2022) 695 final.
Taking the best interests of the child as a primary consideration, the proposed Regulation aims at strengthening the protection of the fundamental rights and other rights of children in cross-border situations, including their right to an identity, to non-discrimination, to a private and family life, and to succession and maintenance rights in another Member State.
Although EU law already requires Member States to recognise the parenthood of a child as established in another Member State for the purposes of free movement (see CJEU, 14 December 2011, case C‑490/20, Pancharevo), the lack of recognition of parenthood of a child established in another Member State has adverse consequences for children, such as losing their succession or maintenance rights in another Member State, or their right to have any one of their parents act as their legal representative in another Member State.
Without affecting the competence of Member States to adopt substantive rules of family law, the proposed Regulation will introduce uniform rules on (i) international jurisdiction and (ii) applicable law, so as to then facilitate the (iii) recognition in a Member State of the parenthood established in another Member State. Moreover, the proposal foresees (iv) the creation of a European Certificate of Parenthood that children (or their legal representatives) can request and use to provide evidence of their parenthood in another Member State.
On this sensitive matter, the readers of RDIPP may refer to:
Paola Piroddi, 1993, No 3, 635 ff.; Rosario Espinosa Calabuig, 2033, No 4, 735 ff.; Costanza Honorati, 2015, No 4, 793 ff.; Andrea Cannone, 2019, No 1, 5 ff.; Antonietta Di Blase, 2021, No 4, 821 ff.; Chiara Ragni, 2022, No 1, 43 ff.; Michele Grassi, 2022, No 3, 591 ff.