The Court of Justice of the European Union has recognized that a minor citizen of any EU country has the right to an ID or a passport on the basis of civil records with same-sex parents. According to the CJEU, the Member State of which the child is a national is obliged to issue him / her with an identity card or passport without the necessity to first draw up a birth certificate by national authorities.
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The CJEU ruling on the two-year-old daughter of two mothers, a Bulgarian and a British woman. In 2018, they got married in Spain, a year later their child was born. “The birth certificate of this child drawn up by the Spanish authorities identifies two mothers as the parents of this child,” reads the CJEU communiqué.
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The problem was with Bulgaria and its legal system and how to reconcile the fact that a child has Bulgarian citizenship, but there is no mention of same-sex relationships or same-sex marriage in the country’s laws. The case is described, inter alia, by “Gazeta Wyborcza”.
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“The judges from Sofia had no doubts that the girl was a Bulgarian citizen, but as a result of a mother’s complaint against Bulgarian offices, they decide how to solve this matter in the documents of a country that does not have any institution of unions registered for persons of the same sex or – in terms of legal – does not allow such parentage “- we read in” GW “.
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CJEU: family ties recognized in one country must also be recognized in others
The judgment of the CJEU on Tuesday indicates that the Bulgarian authorities are required to issue their nationals with an identity card or passport “without the necessity to prepare a birth certificate by the national authorities”. “This state is also obliged to recognize a document originating from the host Member State allowing the child in question to enjoy, together with each of these two persons, his right to move and reside freely within the territory of the Union,” we read further in the statement of the EU court.
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“As regards a minor child who is a Union citizen and whose birth certificate issued by the competent authorities of the host Member State identifies two persons of the same sex as his parents, the Member State of which that child is a national is obliged, on the one hand, to issue him with an identity card. or a passport without the national authorities having to draw up a birth certificate in advance, and, on the other hand, to recognize, like any other Member State, a document originating from the host Member State allowing the child in question to use, together with each of these two persons, the right to his right to move and reside freely within the territory of the Member States. ”
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Therefore, the Court decided that family ties recognized in one of the Member States must also be recognized in other EU countries.
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How does this judgment affect Poland?
How can this judgment affect the actions of the Polish authorities in this case? Poland, like Bulgaria, has not legalized civil unions and same-sex marriage.
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“Some Polish courts began to make some breaches from 2019, when it was first decided that the daughter of two lesbians was to receive a Polish PESEL on the basis of foreign files of the Civil Registry Office. However, this is not a systemic solution, and other Polish judgments in similar cases continue to be different directions “- writes” Gazeta Wyborcza “.
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On the other hand, the website OKO.press reminds that by the time the CJEU judgment is announced on Tuesday, it “suspended a twin case initiated by the Provincial Administrative Court in Krakow.”
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“On December 9, 2020, Polish judges, after the complaint of the Human Rights Defender, asked a preliminary ruling on the failure to issue documents to the child of a Polish and Irish woman (a couple also living in Spain). the same sex from another country does not violate the freedom of movement, the prohibition of discrimination, and the requirement to respect family life “- we read.
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Next, the website quotes the words of lawyer Anna Mazurczak, representing women by the CJEU, who claims that after Tuesday’s judgment, “the Tribunal will have to hang up the Polish case in the coming days.”
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tvn24.pl, OKO. press, Gazeta Wyborcza
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photo-source">Main photo source: Shutterstock
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