The European Court of Justice has strengthened the rights of families with two same-sex parents in a landmark ruling.

In the case of a girl with two mothers, the court ruled on Tuesday that the relationship between child and parents recognized by one EU country must also be recognized by all other EU countries.

The judges mainly referred to the right of the girl concerned to be able to move freely within the EU.

"The decision is important for rainbow families across Europe," said the lawyer Gabriela Lünsmann from the Lesbian and Gay Association in Germany of the German Press Agency. “A similar case could also arise in Germany.” The European umbrella association of lesbian, gay, bisexual, trans and intersex organizations, Ilga, spoke of a landmark judgment.

Specifically, it is about two married women, a Bulgarian and a British woman, who live in Spain and have a daughter there.

In the Spanish birth certificate, both women are listed as the mothers of the child.

But the Bulgarian authorities refused an application for a Bulgarian birth certificate for the girl and wanted to know who the birth mother was.

The indication of two parents as female is contrary to the public order of the country.

Authorities have to issue passports

Without a Bulgarian birth certificate, however, the girl will not receive a Bulgarian identity card or passport and will therefore not be able to move freely within the EU. His rights as an EU citizen would be restricted. Since the girl could not get the Spanish citizenship, statelessness was threatened. According to the Ilga association, the girl cannot leave Spain without documents, and her access to education or medical care is limited. The mother of Bulgarian nationality appealed against the decision. The competent court approached the ECJ and assumed that the child has Bulgarian nationality.

The ECJ has now ruled that Bulgaria is obliged to issue the girl with an identity card or passport without first requesting a birth certificate from its own authorities.

Bulgaria and the other EU countries would have to recognize the Spanish birth certificate.

Lawyer Lünsmann emphasized that the judgment does not force Bulgaria to recognize same-sex parenthood, but it must recognize the Spanish birth certificate.

Same-sex marriage is also not accepted in other EU countries such as Poland or Hungary.

A similar case could occur in Germany

Same-sex couples are allowed to marry in Germany, but according to Lünsmann, who is a specialist lawyer for family law, a similar case could still arise here. “According to German law, only the birth mother is considered a mother. The other mother would have to adopt the child. ”If, in a similar case, the couple did not state who the biological mother was, the German authorities would not issue a birth certificate and therefore a passport.

The new federal government made up of the SPD, the Greens and the FDP would like to change that.

In their coalition agreement it says: “If a child is born into the marriage of two women, both are automatically legal mothers of the child, unless otherwise agreed.

One wants to advocate “that rainbow families and same-sex marriages / civil partnerships concluded in the EU are recognized in all member states with all legal consequences”.

EU Commission President Ursula von der Leyen has already mentioned the problem.

The CDU politician said in September 2020 that she would campaign for mutual recognition of family relationships in the EU.

"If you are a father or mother in one country, you are father or mother in every country."