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The EU Supreme Court has ruled that same-sex parents and their children should be recognized as full-fledged families in all member states. In a landmark ruling Tuesday, the European Court of Justice said that if a country accepts a parental relationship with a child, then every member state should do the same to guarantee the child’s right to free movement.
The case came to court after Bulgarian authorities refused to issue a birth certificate to the newborn daughter of a same-sex couple on the grounds that a child could not have two mothers.
Gibraltar-born Bulgarian Kalina Ivanova and Jane Jones are both registered as Sarah’s mothers, who was born in Spain in 2019.
But none of the parents are of Spanish descent, which means that citizenship in that country is not allowed and according to the 1981 British Nationality Act, Jones can not transfer British citizenship to her daughter, as she was born in Gibraltar, writes the Albanian newspaper.
On this basis, Ivanova applied for Bulgarian citizenship for her child, who was subsequently denied same-sex marriage and partnerships and was not legally recognized in Bulgaria.
As a result, Sara was left without citizenship, without the opportunity to leave her family’s place of residence, Spain, as well as without personal documents, thus limiting her access to education, health care and social security.
The European Court of Justice also ruled that the child should be issued a Bulgarian passport and the case could not be appealed.
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