Legal briefing: Statelessness and the right to respect for private and family life October 2024 Similarly, in the case of V.M.A.,136 the Bulgarian authorities refused to issue a birth certificate to the daughter of a Bulgarian mother and a British mother, who was born in Spain and issued a Spanish birth certificate with the names of both mothers, on the basis that it could only recognise parents of different genders. The questions referred to the Court included whether it is permissible under Article 20 and 21 TFEU, as well as Articles 7, 24, and 45 of the CFR for the Bulgarian authorities to refuse to issue a birth certificate given the women’s refusal to indicate which one is the biological mother.137 Member States must have due regard for EU law when establishing national rules regarding the acquisition of citizenship.138 In this case, the national authorities were required to issue the child with a passport or ID card regardless of whether the authorities decided to issue a national birth certificate.139 The CJEU referred to, inter alia, the right of every EU citizen to reside with their family in the Member State of their origin or other host Member States. It also observed that the child’s family life with their two parents is protected by Article 7 CFR read in conjunction with Article 24 CFR on the best interests of the child. According to the CFR, a child’s right to obtain immediate registration and identity documents without discrimination as to the sex of the parents is protected.140 In reaching this conclusion, the CJEU also noted that case law of the ECtHR protects the right to family life that the child leads with their parents. In addition to referring to the jurisprudence of the ECtHR on the right to private and family life,141 the CJEU observed, inter alia, that every EU citizen has the right to reside with their family in their Member State of origin or any other host Member State.142 It further noted that the obligation for States to recognise birth certificates of other EU Member States does not represent a significant threat to social policy.143 Moreover, it held that children whose nationality is not well established, but who are designated as EU citizens via their birth certificates, have the right for their parent-child relationships to be respected by all Member States. Summary and analysis The ECtHR and the CJEU have both recognised the importance of nationality in fulfilling the right to respect for private and family life. The significance of nationality for private and family life results from the fact that it is an element of personal identity, as recognised by the ECtHR. Likewise, the CJEU has considered that interferences with nationality, and proof thereof, may compromise the fundamental rights of EU citizens. These Courts have built on this significance in several aspects of private and family life, thereby acknowledging the impact of recognising legal parentage on nationality, birth See CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021. CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021, paragraph 32. 138 CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021, paragraph 38. See also CJEU, Case C-369/90, Micheletti, 7 July 1992, paragraph 10. 139 CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021, paragraph 45. 140 CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021, paragraphs 64-65. 141 The CJEU referenced ECtHR, K. and T. v. Finland, (application no. 25702/94), 12 July 2001, paragraphs 150, 151. 142 CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021, paragraph 42; See also CJEU, Case C-673/16, Coman and Others, 5 June 2018, paragraph 31. 143 CJEU, Case C-490/20, V.M.A. v. Stolichna obshtina, rayon ‘Pancharevo’, 14 December 2021, paragraph 56. 136 137 24