Last week, on Thursday February 2, 2017, the European Parliament adopted a report (533 +, 41 -) demanding the automatic recognition of domestic adoption orders across EU Member States. The report stipulates that the recognition should happen without discrimination, including on the basis of the parents’ sexual orientation.
The report highlights that the lack of provisions for the recognition currently cause significant problems for families, which move from one Member State to another. The other Member State may not recognise parents’ parental rights, which exposes them and the children to all sorts of legal risks.
The report highlights that refusing to recognize an adoption order, as countries can do through a ‘public order’ argument, may never lead de facto to discrimination prohibited by Article 21 of the Charter of Fundamental Rights of the European Union. This article prohibits discrimination, including based on sexual orientation.
Malin Bjork MEP, Vice-President of the Intergroup on LGBTI Rights, reacted: “Today the European Parliament made clear that a family does not cease to be a family, simply by crossing a border! The broad support that this report received has given the Commission a clear mandate to ensure full freedom of movement, including for LGBTI families!”
Daniele Viotti MEP, Co-President of the LGBTI Intergroup, continued: “Too many rainbow families have been held back, due to heteronormative interpretations of ‘family’. Countries should cease to use ‘public order’ arguments to discriminate against same-sex families. It is time for legislation to be updated to reflect 21st century standards!”