EU justice ministers on 5 June 2026 debated the parenthood regulation, exposing deep divisions over the recognition of surrogacy and same-sex parents. The Netherlands, Luxembourg, Spain, Belgium, Greece, Slovenia, and Malta backed universal recognition for all children regardless of family composition or birth method, while Estonia, Bulgaria, Poland, Croatia, and Slovakia pushed back, citing national competence and constitutional identity. 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 also 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 highlights a cleavage between EU-wide harmonisation of family recognition and national sovereignty over family law. A universal approach would benefit children in cross-border situations, same-sex families, and surrogacy-born children by ensuring legal continuity, but would impose administrative burdens on national civil registries and judicial authorities, and could conflict with constitutional identities in some member states. A narrower or phased approach would preserve national competence but leave legal gaps for families moving across borders. The fallback of enhanced cooperation could deepen fragmentation, creating a two-speed Europe in family recognition.