The European Court of Justice. (Photo by Cédric Puisney; courtesy Wikimedia Commons)
The European Union’s highest court issued a landmark ruling Dec. 14 that paves the way for the legal recognition of same-sex couples and their children throughout the EU.
The European Court of Justice issued the ruling in the case of a same-sex couple who was unable to receive a Bulgarian birth certificate for their daughter who was born in Spain.
One of the child’s parents was born in Bulgaria, and the other was born in Gibraltar.
Spain denied the child citizenship because her parents were not Spanish citizens. The U.K. also denied the child British citizenship because the British Nationality Act of 1981 did not allow her Gibraltar-born parent to transfer British citizenship to her.
ILGA-Europe in a press release notes Bulgarian authorities denied a request for the child to become a Bulgarian citizen based on the argument “that a child cannot have two mothers, and refused to issue a birth certificate in which the parents are two persons of the same sex.”
“Sara was therefore deprived of Bulgarian, and therefore European citizenship, and was at risk of statelessness,” notes the press release. “Currently, the child has no personal documents and cannot leave Spain, the country of the family’s habitual residence. The lack of documents restricts Sara’s access to education, healthcare, and social security in Spain.”
ILGA-Europe notes the ruling “asserts that the Bulgarian authorities are obliged to issue an identity card or a passport to” the child and “all other EU member states are obliged to recognize” it.
“We are thrilled about the decision and cannot wait to get Sara her documentation and finally be able to see our families after more than two years,” said the child’s parents in the ILGA-Europe press release. “It is important for us to be a family, not only in Spain but in any country in Europe and finally it might happen. This is a long-awaited step ahead for us but also a huge step for all LGBT families in Bulgaria and Europe.”
Denitsa Lyubenova, director of legal programs for Deystvie, a Bulgarian LGBTQ rights organization, represents the couple. Lyubenova in her own statement also applauded the ruling.
“All European citizens should be treated equally,” said Lyubenova. “Bulgaria is obliged to recognize Sarah’s legal relationship with her two mothers. Bulgaria cannot rely on its national and constitutional identity and public order to derogate from the fundamental rights of EU citizens.”
