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 V.M.A. 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.