Lilla Garayova

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

Introduction

Parenthood without borders - judicial cooperation for cross-border family security in the eu. Navigating cross-border parenthood in the EU. This paper analyzes fragmented legal recognition for diverse families, advocating for EU solutions to protect children's rights and ensure "parent in one, parent in all Member States" reality.

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.

Review

This paper, titled "Parenthood Without Borders," tackles a profoundly relevant and pressing issue within the European Union: the fragmented legal recognition of parenthood across Member States. The abstract clearly articulates the central problem, demonstrating how the lack of mutual recognition, particularly for children born via surrogacy, assisted reproduction, or adoption in diverse family structures, significantly undermines children's rights and legal certainty. By setting the ambition of "judicial cooperation for cross-border family security," the paper immediately signals its commitment to both identifying the challenges and proposing actionable solutions for this critical area of family law. The analysis employed is robust, critically examining the current legal landscape, including the limitations of the Brussels IIb Regulation and key jurisprudence from both the Court of Justice of the EU and the European Court of Human Rights. Referencing pivotal cases such as *V.M.A., Coman, Mennesson*, and *Labassee* lends significant authority and specificity to the discussion. The paper adeptly reveals that while incremental judicial solutions have indeed advanced free-movement rights, these efforts have fallen short in fully safeguarding the continuity of parent-child bonds across borders, thereby highlighting the persistent gaps in the existing framework. The integration of evidence from the European Commission’s 2022 ICF Study further strengthens the empirical basis of its critique. Moving beyond critique, the paper offers constructive and forward-looking recommendations. It explores concrete options for ensuring mutual recognition of parenthood, notably advocating for the proposed EU Regulation introducing common private international law rules and the creation of a European Certificate of Parenthood. Its adoption of a child-centric, advocacy-oriented perspective is a significant strength, compellingly arguing for an imperative EU-level solution to safeguard the best interests of the child. The ultimate vision of "parent in one Member State, parent in all Member States," with children's rights at the core of cross-border family law cooperation, provides a clear, impactful, and normatively sound framework for future policy and legal development.

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