Bulgaria has to issue identity documents to the child of a same-sex couple, EU court ruling – POLITICO

Bulgaria has to issue identity cards to the child of a same-sex couple without the need for a Bulgarian birth certificate, the Court of Justice of the European Union (ECJ) ruled on Tuesday.

The authorities in Sofia refused to issue a birth certificate for the child named Sara. because the country does not recognize same-sex marriages. Sara was born in Spain and received a birth certificate listing her two mothers as parents, but she could not obtain Spanish citizenship as neither of the women is Spanish (one of the women is Bulgarian, the other from Gibraltar and therefore a British citizen ).

The court said member countries are “free to decide whether or not marriage and parenting are permitted for persons of the same sex under their national law,” it said in a press release. However, the court ruled that Bulgaria must recognize the Spanish birth certificate and based its decision on the right of free movement for Sara and her mothers.

“Member States must recognize this parent-child relationship in order to [the child] to exercise their right to free movement with each of their parents, ”the statement said.

“We are thrilled with the decision and can’t wait to get Sara her papers and finally to see our families after more than two years,” said the mothers in a statement from the LGBTQ + advocacy group ILGA.

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