PARENTHOOD WITHOUT BORDERS - JUDICIAL COOPERATION FOR CROSS-BORDER FAMILY SECURITY IN THE EU

Abstract

Cross-border mobility and diverse family forms are increasingly common in the European Union, yet legal recognition of parenthood remains fragmented along national lines. This paper examines how the lack of mutual recognition of parent-child relationships across EU Member States – especially for children born via surrogacy, assisted reproduction, or adoption in “rainbow families” – undermines children’s rights and legal certainty. We critically analyze the current legal framework, including the Brussels IIb Regulation’s limitations and key jurisprudence from the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR) (V.M.A., Coman, Mennesson, Labassee, etc.). The analysis reveals that while incremental judicial solutions have advanced free-movement rights, significant gaps persist in protecting the continuity of parent-child bonds across borders. Building on evidence from the European Commission’s 2022 ICF Study and recent policy debates, we explore options for ensuring mutual recognition of parenthood, notably the proposed EU Regulation introducing common private international law rules and a European Certificate of Parenthood. Adopting a child-centric, advocacy-oriented perspective, the paper argues that an EU-level solution is imperative to safeguard the best interests of the child. Practical and normative recommendations are offered to achieve an EU system in which “parent in one Member State, parent in all Member States” becomes a reality, placing children’s rights at the core of cross-border family law cooperation.