Home › Categories › Government & Policy› Child, Being A Minor And A Union Citizen, Whose Birth Certificate Was Drawn Up By The Host Member State And Designates As Parents Two Persons Of The Same Sex: The Member State Of Which The Child Is A National Is Obliged To Issue An Identity Card Or..

Child, Being A Minor And A Union Citizen, Whose Birth Certificate Was Drawn Up By The Host Member State And Designates As Parents Two Persons Of The Same Sex: The Member State Of Which The Child Is A National Is Obliged To Issue An Identity Card Or...pdf

cp210221en.pdf
Preview of Child, being a minor and a Union citizen, whose birth certificate was drawn up by the host Member State and designates as parents two persons of the same sex: the Member State of which the child is a national is obliged to issue an identity card or..
🔗 Source: curia.europa.eu
📊 Size: 241 KB
📄 Pages: 3 pages
⬇️ Downloads: 18

Summary

The Court of Justice of the European Union (CJEU) ruled in Case C-490/20 that a Member State must issue an identity card or passport to a child who is a Union citizen and has a birth certificate from another Member State, even if it designates two parents of the same sex. The court also stated that the Member State must recognize the host Member State's document allowing the child to exercise their right to free movement with both parents.

Key Points:

1. Child's Rights: A minor Union citizen with a birth certificate from another Member State, regardless of parental gender, has the right to move and reside freely within the EU.

2. Member State Obligations:
- Issue an identity card or passport without requiring a new birth certificate from its national authorities.
- Recognize the host Member State's document attesting the child's parentage.

3. Background: V.M.A., a Bulgarian national, and her wife K.D.K. reside in Spain with their child S.D.K.A., born there. Spanish authorities issued a birth certificate listing both women as parents. Bulgaria refused to issue an identity document due to its public policy against same-sex marriage, making it difficult for the child to exercise her free movement rights.

4. Ruling: The CJEU held that Article 4(2) TEU, Articles 20 and 21 TFEU, and Articles 7, 24, and 45 of the Charter of Fundamental Rights ensure these rights, requiring Member States to act accordingly.

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Description

The Court of Justice of the European Union rules that a Member State must issue an identity card or passport to a minor Union citizen with same-sex parents without requiring a prior national birth certificate, and recognize the host state's document allowing free movement within the EU for the child. This case concerns a Bulgarian couple and their child born in Spain.

Technical Information

  • File Format: PDF
  • File Size: 241 KB
  • Pages: 3
  • Language: EN
  • Total Downloads: 18
  • Last Updated: 2 months ago

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