On 14th December 2023 the European Parliament voted for a proposed rule initiated by the European Commission concerning the recognition of filiation acts between European Union member States; highly controversial, this rule could seriously undermine the national authority of member States for the establishment of filiation and for children’s rights. Especially as the proposal goes so far as to establish a European filiation certificate.
The text had already been put to the vote on 7th November.
For this text, the Parliament has a mere consultative role. It is up to all the governments of the European Union member States to decide whether they accept this rule by a unanimous vote. This would appear improbable as several member States have voiced their opposition.
In 2021, in response to the European Commission consultation, Alliance VITA expressed an opinion warning against the systematic recognition of filiation throughout the EU maintaining the principle of subsidiarity of the States on the subject. They underlined the importance of fighting against human trafficking, which necessitates ensuring the priority of the authority of member States for the recognition of filiation.
In an analytical note intended for MPs and the Commission, Alliance VITA analysed the way in which this proposal contravenes the remit established by the EU Treaty and French public order with respect to surrogate motherhood. Indeed, the French penal code punishes filiation infringements with regard to substitution motherhood.
The pretext of freedom of movement within the European Union must not be allowed to mask the interference which this proposed rule would constitute for the member States regarding filiation and the safeguarding of children’s rights.
Further reading : Analytical note
