24 mai 2023

Analysing the EU Parenthood Proposal : Many Questions and Some Tentative Answers

The European Commission has published in December 2022 an ambitious Proposal for a new Regulation dealing with the private international law of parenthood (COM (2022) 695 final).

With this Proposal, the EU could for the first time adopt a private international law instrument dealing with the creation (and not only the effects) of a family status. While both the CJEU and the ECtHR have somewhat limited the freedom enjoyed by States faced with parenthood established abroad, there is not yet any precedent of an international instrument dealing with all issues arising when parenthood crosses national borders.

The Proposal is currently being discussed in the Council, with the assistance of the Commission. There is no guarantee that a Regulation will effectively be adopted. Nor is it possible to tell at this stage how much a future Regulation will deviate from the Proposal.

The Proposal raises, however, many intriguing questions which are likely to trigger an intense debate. It offers a unique opportunity to discuss the private international law treatment of parenthood with a special focus on the proposal.

During four sessions in May, experts from various (Member) States will discuss the main elements of the Proposal, find weaknesses and possibilities of improvement. Each webinar will focus on two topics. Every topic will be presented by one expert, who will focus on the content of the Proposal and on the questions and possibilities of improvement it raises. Each webinar will provide ample room for debate and discussion.