2021-12-20-KPMG_Global-European_Union_–_ECJ_Decides_on_Free_Movement_of_LGBTQ_Families_3页_146kb

ECJ Ruling on Free Movement Rights for LGBTQ Families (December 20, 2021)

Key Ruling Details

• The European Court of Justice (ECJ) ruled that a member state must issue identity cards or passports to a child of same-sex parents, ensuring the child's right to free movement within the EU with both parents.
• This decision confirms that same-sex parents and their children cannot be prevented from exercising EU law rights, such as free movement and residence in another member state.

Background

• The case involved a child born to two same-sex parents, with one parent being a Bulgarian national and the other a Gibraltar-born UK national.
• The parents faced obstacles in obtaining a birth certificate and identity documents in their home country (Bulgaria) due to national legislation not recognizing same-sex parenthood and public policy restrictions.

ECJ Findings

• Member states must recognize the parent-child relationship established in another member state, irrespective of national policies, when EU law rights are exercised.
• EU law supersedes national legislation, and member states cannot use derogations to limit rights derived from EU law.
• The ruling ensures consistent recognition of attested parenthood and facilitates the child's free movement and accompanying rights with both parents.

Significance

• This ruling removes barriers for LGBTQ families, affirming the fundamental principle of free movement under EU law.
• It emphasizes that member states must respect parental status recognized in a host member state, supporting rights like travel, residence, and social security benefits.

Implications

• The decision promotes equality and removes discriminatory practices in family-related travel and relocation for LGBTQ individuals within the EU.
• It underscores the importance of non-discrimination based on national policies when conflicts arise under EU law.

For further details, refer to the referenced ECJ judgment and supporting actions.