OENDDF Position on the Recognition of Parenthood Between EU Member States
— Christine Monty, President of OENDDF
The European Observatory for Non-Discrimination and Fundamental Rights (OENDDF) raises serious concerns about the preliminary guidelines published by the European Commission aimed at regulating the cross-border recognition of parenthood between Member States.
An indirect link to surrogacy
The recognition of parenthood between Member States indirectly raises the issue of recognising the parent-child relationships of children conceived through cross-border surrogacy arrangements, since many children facing difficulties with recognition of their parentage were born under such arrangements. The OENDDF recalls that the best interests of children conceived through surrogacy are affected from the very intention of their conception, as this practice rests on a commercial contract involving payment: in the Observatory’s view, this constitutes a form of exploitation and human trafficking that should be combated, including through an international abolition treaty.
An incentive to circumvent Member States’ domestic law
European citizens facing difficulties with the recognition of parentage — particularly linked to surrogacy — may in some cases find themselves in breach of the laws of their own country. The adoption by the European Union of common rules for the recognition of parenthood could, in the OENDDF’s view, encourage citizens to circumvent national laws by providing a European legal framework to resolve the consequences. The Observatory considers this raises concerns regarding the principle of subsidiarity of Member States.
A competence reserved to Member States
The Treaty on the Functioning of the European Union reserves family-law policy to the competence of Member States. Each State defines in law what it understands by marriage and parentage; the diversity of laws in this field reflects social, cultural and political differences that the OENDDF calls to be respected.
Our recommendations
The OENDDF calls on the European Commission to:
- support an international convention aimed at abolishing surrogacy, a practice the Observatory considers a form of human trafficking;
- strengthen the principle of subsidiarity of Member States, to support citizens’ confidence in the European project;
- respect the competences established by the Treaty on the Functioning of the European Union, particularly regarding parentage.
The OENDDF calls on the European Commission to withdraw the proposed regulation.
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Frequently Asked Questions
Why does the OENDDF oppose the proposed recognition of parenthood between Member States?
Because the proposal risks indirectly supporting surrogacy — a practice the OENDDF considers a form of modern-day slavery and human trafficking — by providing a European legal framework for the consequences of surrogacy arrangements made abroad.
What is the link between this regulation and surrogacy?
Many children facing difficulties with recognition of their parentage from one State to another were born through cross-border surrogacy arrangements. Harmonising the recognition of parenthood between Member States could, in the OENDDF’s view, make surrogacy socially accepted and encourage its development, rather than working towards its total prohibition.
What does the OENDDF recommend to the European Commission?
The OENDDF recommends supporting an international convention on the abolition of surrogacy, strengthening the principle of subsidiarity of Member States, and respecting Member States’ competences on parentage under the Treaty on the Functioning of the European Union. The Observatory calls on the Commission to withdraw its proposed regulation.
Position submitted by the European Observatory for Non-Discrimination and Fundamental Rights (OENDDF) concerning the European Commission’s proposed regulation on the recognition of parenthood between Member States.
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