The European Union Debate on Cross-Border Parenthood and Children's Rights

Author: Ana MC Budeanu

June 8, 2026

HRRC applauds the European Union efforts to establish rules on parenthood recognition which would help children’s rights. We emphasise that policies regarding parenthood recognition across the European Union’s borders should consider all those involved and respect international human rights treaties.

Will the New Parenthood Help Children? [Image credit: Unsplash]

There is a debate on parenthood and children’s cross border rights re-igniting in the European Union (EU) as justice ministers have held a discussion at the Justice and Home Affairs Council in Luxembourg on June 5 whether parenthood legally established in one member state should be recognised across the EU territory. This question determines if a child keeps access to parental care, schooling, healthcare decisions and inheritance rights after moving across EU borders.

The EU justice ministers are proposing a regulation that would grant recognition across EU territory for parenthood judicial rulings from one member state. This is a very important issue for families and children as children need parental consent to medical treatment, school enrolling, representation before public authorities or being able to claim maintenance and inheritance rights.

The first proposal of this kind was adopted in December 2022 which introduced the European Certificate of Parenthood, an optional document that would be used to prove parenthood in another member state. The progress in applying this proposition has been slow due it being at the intersection of children’s rights, freedom of movement, civil justice, and national family-law.

The new proposal is different because the recognition would be coming from a national decision, rather than EU law regarding freedom of movement, and would benefit the child by granting rights that could emanate from national law decisions such as succession and maintenance rights or school enrolling decisions and representation.

This debate is inflammatory to some member states as it touches on issues such as same-sex marriages who have joint adoptions or surrogacy.

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Glossary

• Civil Justice - captures a wide range of issues, where people, business or other organisations are trying to resolve their disputes with each other, or ensure that they have their rights respected. The jurisdiction covers a very wide range – from quite small or simple claims, for example damaged goods or recovery of debt, to large claims between multi-national companies.

• Decision - a judgment, conclusion, or resolution reached or given; verdict.

• Emanate - to issue or proceed from or as from a source.

• European Certificate of Parenthood - an act that children (or their legal representatives, typically their parents) can request to prove their parenthood in another Member State

• European Union - an organization of European countries which have joint policies on matters such as trade, agriculture, and finance.

• Freedom of Movement - the right to travel wherever you want to, without being controlled or limited.

• Ignite - to stimulate or provoke.

• Inheritance Rights - rights to money, land, or possessions received from someone after the person has died.

• Justice and Home Affairs Council - an EU body responsible for issues related to justice, internal security and migration.

• Maintenance Rights - rights to money that someone gives regularly to another person to pay for the things that the person needs.

• Parental Care - care that relates to parents in general, or to one or both of the parents of a particular child.

• Parenthood - the state, position, or relation of a parent.

• Proposal - a plan or an idea, often a formal or written one, which is suggested for people to think about and decide upon.

• Representation - If a group or person has representation in a parliament or on a committee, someone in the parliament or on the committee supports them and makes decisions on their behalf.

• Ruling - an official decision made by a judge or court.

• Succession - a line of descent to a title, etc.

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References

1. https://europeantimes.news/2026/06/eu-parenthood-debate-puts-childrens-cross-border-rights-back-on-the-table/#:~:text=EU%20justice%20ministers%20are%20debating,crossing%20an%20internal%20EU%20border.&text=The%20discussion%2C%20taking%20place%20at,authority%20over%20domestic%20family%20law.

2. https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/civil-justice/family-law/recognition-parenthood-between-member-states_en

3. https://www.europeanpapers.eu/system/files/pdf_version/EP_eJ_2023_3_2_Stefan_Raki%C4%87_Jiyu_Choi_00730.pdf 

4. https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22003-6380464-8364383%22]}

5. https://www.fafce.org/european-certificate-of-parenthood-no-clear-solution-to-the-deadlock/