Yesterday, the Court of Justice of the European Union issued a new ruling in a CS requiring a member country (Bulgaria) to issue an identity document for a minor child of a same-sex couple, thus recognizing the parental rights of both mothers on the document, even though that country has no laws recognizing rainbow families. This is based solely on the Spanish birth certificate (the family lives there), without requiring equivalent documents issued in Bulgaria (where this is not possible).
“Even though case law “does not make laws,” this ruling sets a substantial precedent in Europe and establishes a very clear principle to which any citizen of the European Community can appeal to assert their right to be recognized as a parent, child, or family.” Pietro Turano, spokesperson for Gay Center, wrote in a statement before appealing to Interior Minister Lamorgese.
“In January 2021, Interior Minister Lamorgese declared the change Salvini had pushed for in 2019, according to which only the words "father" and "mother" rather than "parent" could appear on the identity cards of minors, to be abolished. The decision was pending before the Privacy Guarantor's opinion could be obtained, but to date nothing more is known, perhaps because the opinions requested were specious and unnecessary. Turano continues before closing with an invitation.
“The 2019 circular has therefore long been out of date, and the European ruling is further confirmation of this. Therefore, in line with the principle established by the European Court, we ask Minister Lamorgese to definitively annul the effects of the 2019 circular and issue a new one, addressed to all public administrations, which regulates the effective recognition of Italian children of same-sex couples.” The Gay Center spokesperson concludes.