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45
It must also be made clear that Article 4(3) of Directive 2004/38 requires the Bulgarian authorities to
issue an identity card or a passport to S.D.K.A. regardless of whether a new birth certificate is drawn up
for that child. Thus, in so far as Bulgarian law requires a Bulgarian birth certificate to be drawn up
before a Bulgarian identity card or passport is issued, that Member State cannot rely on its national law
as justification for refusing to draw up such an identity card or passport for S.D.K.A.
46
Such a document, whether alone or accompanied by others, where appropriate by a document issued
by the host Member State of the child concerned, must enable a child in S.D.K.A.’s situation to exercise
the right to move and reside freely within the territory of the Member States, guaranteed in
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.
47
It should be borne in mind 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 5 June 2018, Coman and Others, C‑673/16,
EU:C:2018:385, paragraph 32 and the case-law cited).
48
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.D.K.A. and her two
parents, V.M.A. and K.D.K., and attested this in the birth certificate issued in respect of the child of
those two parents. V.M.A. and K.D.K. must, therefore, pursuant to Article 21 TFEU and Directive
2004/38, as parents of a Union citizen 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, by analogy,
judgment of 13 September 2016, Rendón Marín, C‑165/14, EU:C:2016:675, paragraphs 50 to 52 and
the case-law cited).
49
Accordingly, the Bulgarian authorities are required, as are the authorities of any other Member State, to
recognise that parent-child relationship for the purposes of permitting S.D.K.A. – since she has,
according to the referring court, acquired Bulgarian nationality – 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.
50
In addition, in order to enable S.D.K.A. to exercise her right to move and reside freely within the
territory of the Member States with each of her two parents, V.M.A. and K.D.K. must have a document
which mentions them as being persons entitled to travel with that child. In the present case, the
authorities of the host Member State are best placed to draw up such a document, which may consist in
a birth certificate. The other Member States are obliged to recognise that document.
51
It is true, as the referring court has noted, that Article 9 of the Charter provides that the right to marry
and the right to found a family are to be guaranteed in accordance with the national laws governing the
exercise of these rights.
52
In that regard, as EU law currently stands, a person’s status, which is relevant to the rules on marriage
and parentage, is a matter that falls within the competence of the Member States and EU law does not
detract from that competence. The Member States are thus free to decide whether or not to allow
marriage and parenthood for persons of the same sex under their national law. Nevertheless, in
exercising that competence, each Member State must comply with EU law, in particular the provisions
of the FEU Treaty on the freedom conferred on all Union citizens to move and reside within the
territory of the Member States, by recognising, for that purpose, the civil status of persons that has been
established in another Member State in accordance with the law of that other Member State (see, to that
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