Birth registration and the prevention of statelessness in Europe passport, or other essential documentation to evidence the acquisition of nationality and exercise the rights attached to it. This has led to reports of discrimination faced by children of same-sex parents, especially those born abroad to nationals of these countries, including that the authorities refuse to issue a birth certificate or to transcribe a birth certificate issued abroad that recognises both parents. The European Court of Justice has issued two ground-breaking judgments against Poland and Bulgaria, requiring the authorities to issue identity documents to children born to same-sex parents abroad (where one of the parents is a national) without requiring a birth certificate to be drawn up beforehand, but there have been issues with implementation in practice.31 In June 2022, the European Court of Justice delivered a ground-breaking judgment in a case concerning a child born in Spain to a Polish mother and an Irish mother. The Polish authorities refused to issue a birth certificate that recognised the parentage of both mothers in line with the Spanish birth certificate. The Court held that Poland must issue identity documents to the child and recognise the birth certificate issued in another EU Member State. This obligation exists regardless of the transcription of such a birth certificate into the Polish register. The judgment triggered preparations to amend the Polish law on civil status records to ensure that the refusal to transcribe civil status records does not lead to a situation where a Polish national is unable to obtain a Polish passport, identity card, or social security number. However, the proposals put forward in the draft law do not adequately address the issue and have been criticised by the Polish Commissioner on Human Rights due to their discriminatory effect and unequal treatment of same-sex parents and their children.32 The Network of European LGBTIQ* Families Associations (NELFA) has been collecting cases demonstrating issues faced by rainbow families when crossing borders, including those related to the recognition of birth certificates and risks of statelessness for children of same-sex parents.33 The examples collected demonstrate good practice in Spain, with same-sex parents both being included on issued birth certificates, recognising and providing proof of the child’s links to both parents. Children born in conflict settings or areas of territorial dispute Children born in areas of territorial dispute or conflict settings can face barriers to accessing a birth certificate or documentary proof of their birth. Children born in the non-government-controlled areas of Ukraine face additional challenges in obtaining civil registration documents, as the documents issued in these areas are considered invalid by the Government of Ukraine and the procedures aimed at resolving this issue have not been implemented in practice. Prior to the full-scale Russian invasion in 2022, the Ministry of Justice estimated that only 45% of children reported to have been born in the areas of Donetsk and Luhansk and 12% in Crimea had obtained a birth certificate.34 Many of these children have since fled these areas and face challenges accessing legal identity in Ukraine and other countries. Children born in the Temporarily Occupied Territories of Ukraine since 24 February 2022 also face similar issues. 13