· The European Commission has released a draft regulation aimed at regulating the mutual recognition of parenthood by EU member states.
· The issue primarily concerns same-sex couples, to whom some countries grant the right to adoption. In countries where such adoption is not possible, their parentage may be questioned.
· Among other things, the EC is proposing the introduction of a certificate of parenthood, which all EU member states will have to recognize. A similar solution has been advocated by the Hague Conference.
· EU regulations are directly applicable, which means that Poland will have to recognize the solutions thus introduced. This will entail legal acceptance of same-sex parenthood.
· The adoption of this legislation will mean an extremely profound interference in the Polish legal system.
· The Ordo Iuris Institute will submit its opinion on the draft to the European Commission and a memorandum to the Polish government in the coming days.
April 2021. The European Commission announced the start of work on a regulation on the recognition of parenthood between member states. The document's preliminary assumptions already indicated that the regulation would aim to bring about the acceptance of adoptions made in another country by same-sex couples. Despite the fact that on the basis of the EU Treaties, substantive family law is the exclusive competence of member states, the European Commission planned a profound interference in the system of family law, by forcing member states to formally accept states of facts in which another country has recognized same-sex parenthood. A draft regulation published in early December 2022 confirms these concerns.
The European Commission proposes the introduction of an EU "certificate of parenthood," which the regulation would oblige all member states to recognize. In this way, practically without having to change domestic law, countries would be forced to recognize the existence of a formula for parenting two people of the same sex. Crucially, such a certificate is to have official force and will not require transposition into a national document - removing the "problem" posed, for example, by Poland, which is the inability to transcribe a birth certificate showing two mothers or two fathers.
The idea of creating a cross-border-recognized "birth certificate" has emerged not only in Brussels and not only for the needs of same-sex couples. The Hague Conference has been debating issues related to the legal regulation of surrogacy in practice for years, and in the course of its recent work, its Expert Group also put forward the idea of implementing an "international birth certificate."
The Ordo Iuris Institute monitors both the work of the Hague Conference and the EU, reacting on an ongoing basis and providing its analysis and memoranda to the relevant actors. In the case of the EU, the form of defense against this unauthorized interference in family law should be a firm opposition by member states in the Council. In the coming days, the Institute will provide the European Commission with its comprehensive opinion on the draft, and will also provide the Polish government and Euro-parliamentarians with a memorandum relating to the proposed regulation.
- The proposed regulation is another example of a violation of treaty provisions by exceeding the powers given to Union bodies by member states. Determining who can legally be a spouse and parent is a matter for national law. An attempt to adopt such solutions will constitute a blatant and, to date, the clearest overstepping of the Union's powers," notes Anna Kubacka, an analyst at the Ordo Iuris International Law Center.
· The European Court of Human Rights has ruled that Romania violated the right to respect for private and family life of 21 same-sex couples who complained that their cohabitation could not be formalized.
· The complainants demanded payment of more than half a million euros in compensation for the "psychological suffering" involved.
· The Court ruled on the violation, but refused to award compensation.
· The Lithuanian Movement of Families held an international conference in Vilnius this past weekend entitled. "Standing up for natural rights, let's save Europe together."
· The discussion at the event focused on emphasizing the value of the family and the fundamental right of parents to raise their children according to their own beliefs, as well as the dangers accompanying them due to technological advances, globalization and the promotion of gender ideology.
· The European Parliament has passed a resolution agreeing to conclude the Istanbul Convention in its entirety for EU institutions and in part for member states.
· The document is controversial due to some provisions promoting gender ideology.
· The EU's accession to the convention would allow EU institutions to impose financial penalties on countries for "inadequate" implementation of its provisions.
· The European Court of Human Rights in Strasbourg has dismissed complaints against decisions by German civil registry offices that refused to enter information on birth certificates that did not conform to the biological sex of two people.
· The first case involved a woman who changed her metric sex from female to male on her documents and began hormone therapy. After stopping the therapy, she gave birth to a child conceived through in vitro fertilization.