Mutual recognition of family relations in the EU. European Court of Justice case-law regarding the children of rainbow families

Abstract

The following study took shape in the context of concerns that exist at the level of the European Union regarding the recognition of filiation in cross-border situations, mainly aimed at the children of same-sex couples. Thus, at the center of the analysis are those established by the Court of Justice of the European Union in case C-490/20, aspects reiterated on the ruling of the Court Order in case C-2/21. The main conclusion refers to ensuring compliance with the best interests of the child by effectively recognizing the freedom of movement and the rights attached to the quality of European citizen, for families with LGBTQ parents.