Cyprus did not achieve any breakthrough at its last Justice and Home Affairs Council meeting on a proposal for the recognition of parenthood in cross-border situations.
This thorny issue has been dealt with during six EU Presidencies since the European Commission in December 2022 proposed a Council regulation on the recognition of parenthood between EU member states. It started with Sweden and Spain in 2023, followed by Belgium and Hungary in 2024, Poland and Denmark in 2025 and now Cyprus.
The proposal aims at ensuring that parenthood established in one EU member state is recognized in all other member states in order to protect children’s rights in cross-border situations and to facilitate family travel in the EU.
It includes the creation of a European Certificate of Parenthood and covers the recognition of the parenthood of all children irrespective of how they were conceived or born (e.g. by surrogacy) and irrespective of their type of family (e.g. same-sex parents), and irrespective of the nationality of the child and of its parents.
The Council meeting on Friday was chaired by the Cypriot Minister of Justice and Public Order, Costas Fytiris, who described the debate as constructive. “This is an important file and work has been going on at technical level for over three and a half years. Ultimately, the proposal aims to protect all children, regardless of how they were conceived or born and regardless of their type of family.”
Cyprus circulated a paper with questions to the Member States to gauge their political willingness to agree on a compromise solution but had to conclude that there still exist differences of opinion among them. The file requires unanimity by the Council after consultation with the Parliament.
In the past, Hungary and Poland opposed vehemently the proposal because of its sensitivity in the public opinion. Judging by their announcements at the meeting, they still have reservations linked to the application of national legislation but now support the purpose of the proposal. Other countries, e.g. Sweden, support the proposal but think that it is not yet ready for adoption.
The German representative said that some progress has been made in recognizing children rights in the Member States and referred to the ‘Belgian solution’ as the best way forward. “We could consider enhanced cooperation as the basis of a text if there is no unanimity,” she added.
Asked about the decision procedure and if the issue is a national competency, a Commission spokesperson declined to reply.
“We will continue the work, and will soon circulate a revised text, taking into consideration the useful comments made today,” the Cypriot minister concluded. “I wish the incoming Irish Presidency the best of luck for the work ahead on this file with the goal of reaching a text that can be accepted by all.”
Michael McGrath, himself from Ireland and European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection, summarized that the finetuning of the legal text must be wrapped up on the technical level.
