lgbti discrimination and parent-child relationship: cross border mobility of rainbow families in the...
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LGBTI DISCRIMINATION AND PARENT-CHILD RELATIONSHIP:
CROSS BORDER MOBILITY OF RAINBOW FAMILIES IN THE EUROPEAN UNION
By Elena FallettiUniversità Cattaneo – Liuc
(Italy)
Rainbow families
Adoption
- Simple
- Joint
- Step-parenting
- Second parent Assisted Reproductive Technology Surrogacy
National Legal Regulations in 27 EU Member States
18 EU Member States have no explicit provision on access to in IVF and on adoption (Joint or second parent)
6 EU Member States treat equally heterosexuals and homosexuals couples
4 EU Member States regulate altruistic surrogacy 1 EU Member States recognize IVF and second
parent adoption 1 EU Member State recognizes only second parent
adoption
EU Law
Charter of Fundamental Rights of the European Union
Free Movement Directive (Directive 2004/38/EC)
Family Reunification Directive (Directive 2003/86/EC)
Qualification Directive (Directive 2011/95/EU) Regulation Brussels II (Council Regulation EC
n. 2201/2003
European Case Law
European Court of Justice
(Luxembourg Court)
- Article 21 + Articles 7 and 9 of the Charter of Fundamental Rights of the European Union
European Court of Human Rights:
(Strasbourg Court)
- Non discrimination – Best interest of the child – Family life
National law / 1
Surrogacy
- Belgium, Belgian homosexual parents / Ukraine surrogate mother
- France, French homosexual parents / American surrogate mother
- England, Belgian and English homosexual parents / India surrogate mother
National law / 2
In Vitro Fertilization
- Germany, German lesbian couple / anonymous sperm donation in Denmark
Connection with second parent adoption
National law / 3
Joint adoption
- Slovenia, US and slovenian homosexuals couple adopted in New Jersey a US girl
- Landmark decision of Slovenian Supreme Court
- France, French and English homosexuals couple adopted a boy
- Adoption recognized by the Cour d'Appel de Paris, rejected by the Cour de Cassation
National law / 4
Second Parent Adoption
- France, Franco-Finnish lesbian couple registered in a PACS, two children
- Germany, Bulgaria, Romania. Two homosexual people claimed for the second parent adoption of their partner's child.
- Bundesverfassungsgericht, “The unequal treatment of the children in relation to adopted children of spouses is not justified”
National case law / 5
Second parent adoption
- The Netherland, Belgium, Denmark. Adoption of unborn child
Work in progress, reforming marriage national laws
- France, Marriage pour tous
- United Kingdom, Marriage (Same Sex Couples) Bill
Thank you for your kind attention!
Any questions?
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