European Certificate of Parenthood: aspects on the proposal for recognition of parenthood of same-sex couples in the European Union

Abstract

This article addresses the difficulties of same-sex families in terms of regulations and rules of private international law, especially regarding the conditions for recognition of parenthood in relation to their children and, consequently, the implications on the nationality and free movement of these children and adolescents. For the elaboration of the research, the bibliographical exploratory methodology was adopted, with the objective of analyzing what and if there are currently rules that have the power to regulate such issues, so that a European Certificate of Parenting could supply the lack of them and guarantee the application of fundamental rights to rainbow families. For this, a case study was presented through jurisprudential analysis, in addition to other paradigm decisions regarding the theme, directives and treaties. Finally, the results obtained indicate that the existence of a European Certificate of Parenthood is fundamental to guarantee decent conditions for same-sex families.