8/11/22, 9:16 AM CURIA - Documents Article 21(1) TFEU, with each of the child’s two mothers, whose status as parent of that child has been established by their host Member State during a stay in accordance with Directive 2004/38 (judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraph 46). 41 It is important, furthermore, to note that the rights which nationals of Member States enjoy under Article 21(1) TFEU include the right to lead a normal family life, together with their family members, both in their host Member State and in the Member State of which they are nationals when they return to the territory of that Member State (judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraph 47 and the case-law cited). 42 It is common ground that, in the case in the main proceedings, the Spanish authorities lawfully established that there was a parent-child relationship, biological or legal, between S.R.S.-D. and her two parents, K.S. and S.V.D., and confirmed this in the birth certificate issued in respect of the child of those two parents. K.S. and S.V.D. must, therefore, pursuant to Article 21 TFEU, as parents of a citizen of the Union who is a minor and of whom they are the primary carers, be recognised by all Member States as having the right to accompany that child when her right to move and reside freely within the territory of the Member States is being exercised (see, to that effect, judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraph 48). 43 Consequently, since S.R.S.-D. has, according to the findings of the referring court, Polish nationality, the Polish authorities are required, as are the authorities of any other Member State, to recognise that parent-child relationship for the purpose of permitting that child to exercise without impediment, with each of her two parents, her right to move and reside freely within the territory of the Member States as guaranteed in Article 21(1) TFEU. 44 In addition, in order to enable S.R.S.-D. to exercise her right to move and reside freely within the territory of the Member States with each of her two parents, K.S. and S.V.D. must have a document which mentions them as being persons entitled to travel with that child. 45 The obligation for a Member State to issue an identity card or a passport to a child who is a national of that Member State, who was born in another Member State and whose birth certificate issued by the authorities of that other Member State designates as the child’s parents two persons of the same sex, and, moreover, to recognise the parent-child relationship between that child and each of those two persons in the context of the child’s exercise of his or her rights under Article 21 TFEU and secondary legislation relating thereto does not require the Member State of which the child concerned is a national to provide, in its national law, for the parenthood of persons of the same sex, or to recognise, for purposes other than the exercise of the rights which that child derives from EU law, the parent-child relationship between that child and the persons mentioned on the birth certificate drawn up by the authorities of the host Member State as being the child’s parents (judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraphs 56 and 57 and the case-law cited). 46 It should be added that a national measure that is liable to obstruct the exercise of freedom of movement for persons may be justified only where such a measure is consistent with the fundamental rights guaranteed by the Charter, it being the task of the Court to ensure that those rights are respected (judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraph 58 and the case-law cited). 47 In the situation with which the main proceedings are concerned, the right to respect for private and family life guaranteed in Article 7 of the Charter and the rights of the child guaranteed in Article 24 thereof, in particular a child’s right to have his or her best interests taken into account as a primary consideration in all actions relating to children, and a child’s right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, are fundamental. 48 Accordingly, the relationship between the child concerned and each of the two persons with whom she leads a genuine family life in the host Member State and who are mentioned as being her parents on the birth certificate drawn up by the authorities of that Member State is protected under Article 7 of the Charter. https://curia.europa.eu/juris/document/document_print.jsf?mode=DOC&pageIndex=0&docid=262081&part=1&doclang=EN&text=&dir=&occ=first… 7/9