EU Law analysis: This judgment is about the rights of an EU citizens who is a minor, born and resident in a Member State other than that of their nationality and whose parents are persons of the same sex. The Court of Justice, Grand Chamber, held that the home Member State must recognise the birth certificate issued by the host Member State and which refers to the two parents as mothers and issue an identity document, even though domestic law does not allow marriage and parenthood for persons of the same sex. On the one hand, the judgment acknowledges the right of each Member State to lay down the rules that govern the right to marry and the right to found a family. On the other hand, it makes it clear that, in exercising this right, domestic law must comply with EU law, including the right of EU citizens to move and reside in another Member State and lead a life there with their family. The judgment is of interest to practitioners as it highlights the significance of EU citizens’ rights in the context of Member States whose regulation of institutions such as marriage and parenthood may vary widely
The full article written by Professor Panos Koutrakos, was first published by Lexis®PSL on 22 December 2021, and can be read here.