EU justice ministers on 5 June 2026 debated the parenthood regulation, revealing deep divisions over the recognition of parenthood for children born via surrogacy or to same-sex couples. Cyprus, holding the Council presidency, framed the file as highly sensitive after three and a half years of talks. A group of member states including the Netherlands, Luxembourg, Spain, Belgium, Greece, Slovenia, and Malta backed universal recognition of parenthood for all children regardless of family composition or birth method. Estonia, Bulgaria, Poland, Croatia, and Slovakia pushed back, citing national competence, constitutional identity, or fundamental-rights concerns. Slovakia and Italy opposed inclusion of surrogacy and same-sex parents. France supported all children but opposed automatic recognition of surrogacy from third countries. Germany and Belgium urged inclusion of surrogacy with safeguards. Finland, Austria, Lithuania, and others sought derogations or public-policy exemptions for surrogacy. On scope, Portugal and Bulgaria proposed a narrower or phased approach, while Malta and Luxembourg rejected restrictions. On mechanisms, Germany and Poland stressed applicable law and jurisdiction; Finland wanted a broad definition of court; Italy and Romania questioned the European parenthood certificate. Most delegations backed further technical work; Germany, Netherlands, Spain, Austria, Portugal, Greece, and Poland considered enhanced cooperation as a fallback, while Bulgaria and Slovakia suggested splitting the file. The Council reached a partial general approach on the €800 million Justice programme 2028–2034, with Commissioner Michael McGrath welcoming progress but reserving the Commission's position on the added committee procedure. On other files, Cyprus noted agreement on the protection of adults regulation and progress on sexual exploitation of children, migrant smuggling, and firearms trafficking. The Commission previewed initiatives on Eurojust, the European Investigation Order, and data protection. The debate pits children's rights and legal certainty for cross-border families against national sovereignty over family law. A universal recognition rule would benefit children in same-sex or surrogacy-born families by ensuring their legal parent-child relationships are recognised across the EU, but would impose changes on member states with restrictive family laws, potentially conflicting with constitutional identity. A narrower scope or derogations would preserve national autonomy but leave some children without legal protection in cross-border situations. Enhanced cooperation could allow a subset of member states to move forward, but risks creating a fragmented legal landscape. The Justice programme's partial general approach secures funding for judicial cooperation, but the added committee procedure may slow implementation. The Commission's upcoming initiatives on Eurojust and data protection will further shape EU justice policy.
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EU Matrix analysis