Commission: Parent status should be recognized in all EU member states.

Proposal for a regulation to recognize the status of a parent in all EU member states. approved by European Commission. The proposal focuses on the best interests and rights of the child. It will provide legal clarity for all types of families who are in a cross-border situation within the EU, either because they move from one Member State to another to travel or reside, or because they have family members or assets in another Member State.

One of the key aspects of the proposal is that parental status, established in an EU Member State, should be recognized in all other Member States without any special procedure.

Union law, as interpreted by the Court of Justice of the European Union, notably with regard to free movement, already provides that parental status established in one Member State should be recognized in all other Member States for certain purposes : access to territory, right of residence, prohibition of discrimination against nationals. However, this does not apply to the rights deriving from national law, reports the correspondent of the Athenian-Macedonian News Agency.

Today’s proposal allows children in cross-border situations to benefit from parental rights under national law, on matters such as inheritance, maintenance, custody or the right of parents to act as legal his representatives of a child (for issues related to schooling or health).

“All children should enjoy the same rights”

• Determination of Jurisdiction: the proposal determines the Member States’ courts that have jurisdiction in matters related to parental status, ensuring the best interests of the child
• Determination of Applicable Law: as a general rule, the law applicable to the establishment of parental status should be the law of the State of habitual residence of the person who gave birth. Where that rule entails the establishment of parentage in relation to only one parent, alternative options ensure that parentage can be established for both parents.
• Rules for recognition of parental status: the proposal provides for the recognition of court decisions and public documents documenting or providing evidence to prove parental status. As a general rule, parental status established in one Member State should be recognized in all other Member States without any special procedure.
• Establishment of a European certificate of parental status: children (or their legal representatives) can request it from the Member State that has established parental status and choose to use it to prove their parental status in all other Member States. The Commission is proposing a harmonized model, common to the whole EU. The use of the certificate will be optional for families, but families have the right to request it and demand that it be accepted across the EU.

The proposal will complement other rules of EU private international law, on issues such as succession. It does not harmonize substantive family law, which remains the responsibility of the Member States.

Next steps

The Commission’s proposal must be approved unanimously by the Council, after consultation with the European Parliament. Five years after the entry into force of the Regulation, the Commission will assess its implementation by Member States and may propose amendments.