EU justice ministers on 5 June 2026 failed to bridge deep divisions over the cross-border recognition of parenthood regulation, with a bloc of member states led by Austria, France, Italy, and Slovakia insisting the regulation must not force recognition of surrogacy-based parenthood, citing public policy and fundamental rights. On the other side, Belgium, Germany, the Netherlands, and Spain argued all children, including those from surrogacy or same-sex parents, must be covered. The Cyprus Chair will now circulate a redrafted proposal to try to find common ground.
The debate exposed multiple fault lines. Bulgaria warned of 'parenthood tourism' if the regulation creates incentives for forum shopping, while Poland demanded invariability of law, opposing any rule that would force a member state to recognise a parent-child relationship established abroad under rules it does not accept. Several delegations — Germany, Spain, the Netherlands, Austria, Portugal, Greece, and Poland — floated enhanced cooperation as a plan B, allowing a subset of member states to move ahead. Slovakia and Bulgaria suggested splitting the text into separate instruments for surrogacy and non-surrogacy cases.
On the Justice Programme 2028-2034, the Council reached a partial general approach, with Finland, Latvia, Lithuania, and the Netherlands broadly supporting the draft. The Netherlands stressed the need for budget restraint, while all delegations agreed the child's best interest must remain paramount. The programme funds judicial cooperation, training, and access to justice across the EU.
The parenthood regulation, first proposed by the Commission in December 2022, aims to ensure that a parent-child relationship established in one member state is recognised in all others. It has been stalled by the surrogacy issue, which touches on fundamental rights, public policy, and national family law traditions. The enhanced cooperation option, if pursued, would mark a significant departure from the original goal of uniform recognition, potentially creating a two-speed Europe on family law.
Stakeholders most affected include children in cross-border families, particularly those with same-sex parents or born through surrogacy, who face legal uncertainty when moving within the EU. National civil registries and judicial authorities would have to implement any new rules, with enhanced cooperation adding complexity. Surrogacy-affected families and same-sex parents stand to gain from broader recognition but face continued uncertainty if the regulation stalls. The Justice Programme, by contrast, enjoys broad support and will proceed, with final adoption expected later in 2026.