Updates on the European Commission's Proposal for a Parenthood Regulation

Paula Gonçales
22 hours ago
3 min read

Updated: 19 hours ago

In recent decades, changing family structures and advances in reproductive medicine have created increasing uncertainty regarding the legal determination of parenthood in cross-border situations, particularly in light of the growing availability of assisted reproductive technologies and the increasing use of surrogacy arrangements. In an increasingly globalized world, differences between national legal systems have given rise to complex issues of private international law, directly affecting children's fundamental rights, including the recognition of their legal identity and parentage. This evolving landscape has prompted a number of international institutions to examine these issues in depth in search of international legal solutions.

In December 2022, the European Commission presented a proposal for a Regulation on jurisdiction, applicable law, the recognition of decisions and authentic instruments in matters of parenthood, and the creation of a European Certificate of Parenthood. The proposal is based on Article 81(3) of the Treaty on the Functioning of the European Union (TFEU), which provides for a special legislative procedure in matters of international family law, requiring the Council to act unanimously after consulting the European Parliament.

If adopted, the proposed Regulation would not harmonize the domestic family laws of the Member States and therefore would not establish substantive rules on how legal parenthood is determined. Nevertheless, the proposal makes clear that any limitations under national law must comply with the Charter of Fundamental Rights of the European Union, and in particular must respect the principle of non-discrimination.

The European Parliament has already been consulted and, in 2023, expressed its support for the Regulation's principal objective: addressing the refusal to recognize parenthood established in another Member State by ensuring that, once legal parenthood has been established in one Member State, it must be recognized throughout the European Union without the need for additional procedures. Several important questions, however, remain unresolved, including the recognition of parenthood for European children born outside the European Union, the extent to which same-sex parenthood must be recognized across borders, and the recognition of parenthood arising from international surrogacy arrangements.

The proposal now rests with the Council of the European Union, more specifically with the Member States' ministers responsible for the matter. It will remain at this stage until all 27 Member States reach unanimous agreement. To date, however, no consensus has been achieved, reflecting the highly sensitive nature of the proposal.

If unanimity cannot be reached, discussions may continue under the enhanced cooperation procedure, which allows a minimum of nine EU Member States to move forward with closer cooperation in a particular area without the participation of the remaining Member States. However, this approach would be unlikely to provide a comprehensive solution, as it would primarily involve countries that already adopt a more permissive approach to the cross-border recognition of parenthood, particularly in complex cases involving surrogacy arrangements.

In connection with this ongoing debate, the European Parliamentary Research Service (EPRS) published a briefing in February 2025, authored by David de Groot, entitled Surrogacy: The Legal Situation in the EU. The briefing provides an overview of the legal status of surrogacy across the European Union, examining the different approaches adopted by Member States that expressly regulate surrogacy as well as those that prohibit, either explicitly or implicitly, both domestic and international surrogacy arrangements. It also reviews the relevant case law of the European Court of Human Rights and discusses related legislative and policy initiatives developed within the European Union.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. If you require guidance regarding your specific circumstances, please consult a qualified legal professional.