Towards the creation of a European kinship certificate, to protect homoparental families

When states do not recognize the rights of homoparental families, it is the children who drink. While Europe still observes large disparities in terms of family law, same-sex couples are not guaranteed recognition of kinship according to member countries. To protect children and their parents, the European Commission wants to strengthen the rights of LGBTQIA+ families across the European Union.

Same-parent laws differ from one country to another

In France, in theory, a child can have two legal parents of the same sex. French law recognizes the person who bore the child as “his biological mother”. The question therefore arises for the social parent, i.e. who shared the child’s project, but who has no biological bond. Provided the couple is married and the second parent is unknown, the social parent can proceed with the full adoption. In other words, he will have access to all parental rights, as a “co-parent”. If the parent is known, a simple adoption will proceed, which will allow him to assert parental authority, on equal terms with the parent.

In Europe, each state is free to dictate its own family laws. Countries like Sweden, Belgium or Portugal have legalized marriage for everyone, adoption for same-sex couples and have passed laws to protect LGBTQIA+ people from discrimination. Some, on the contrary, are late on the subject, or even do not recognize homosexuality, as happens, for example, in Poland or Slovakia.

A European kinship certificate to protect homoparental families

Currently, a child recognized by two same-sex parents in one state risks losing the second parent crossing the border if he ends up in a country where LGBTQIA+ adoption is not legal. . Beyond the absolute violence of being denied paternity, the “second parent” cannot carry out administrative or medical procedures for their child, nor pay him alimony or allow him to benefit from inheritance rights.

To avoid these dramatic situations, the European Commission wishes to issue homoparental families with a European certificate of filiation which allows them to assert their rights throughout Europe, whether they travel or change residence. If the project is promising, it remains to be seen whether more conservative countries will accept this global measure.

Photo credit image of one: Eunice Pais