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an identity card or passport stating their nationality.
4.
The passport shall be valid at least for all Member States and for countries through which the
holder must pass when travelling between Member States. Where the law of a Member State does not
provide for identity cards to be issued, the period of validity of any passport on being issued or renewed
shall be not less than five years.’
14
Article 5 of that directive, entitled ‘Right of entry’, states:
‘1.
Without prejudice to the provisions on travel documents applicable to national border controls,
Member States shall grant Union citizens leave to enter their territory with a valid identity card or
passport and shall grant family members who are not nationals of a Member State leave to enter their
territory with a valid passport.
…
4.
Where a Union citizen, or a family member who is not a national of a Member State, does not
have the necessary travel documents or, if required, the necessary visas, the Member State concerned
shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary
documents or have them brought to them within a reasonable period of time or to corroborate or prove
by other means that they are covered by the right of free movement and residence.
…’
Bulgarian law
15
Under Article 25(1) of the Konstitutsia na Republika Bulgaria (Constitution of the Republic of
Bulgaria) (‘the Bulgarian Constitution’):
‘A person is a Bulgarian national if at least one of the parents is a Bulgarian national or if the person
was born in the territory of the Republic of Bulgaria and provided that he or she does not acquire any
other nationality by parentage. Bulgarian nationality may also be acquired by naturalisation.’
16
Under Article 8 of the Zakon za balgarskoto grazhdanstvo (Law on Bulgarian nationality) of
5 November 1998 (DV No 136 of 18 November 1998, p. 1), ‘a person is a Bulgarian national by
parentage if at least one of the parents is a Bulgarian national’.
17
The Semeen kodeks (Family Code) of 12 June 2009 (DV No 47 of 23 June 2009, p. 19) provides in
Article 60, entitled ‘Parentage with respect to the mother’:
‘(1)
Parentage with respect to the mother is determined by birth.
(2)
The mother of the child is the woman who gave birth to that child, including in the case of
assisted reproduction.
…’
The dispute in the main proceedings and the questions referred for a preliminary ruling
18
V.M.A. is a Bulgarian national and K.D.K. is a United Kingdom national. K.D.K. was born in
Gibraltar, where the two women were married in 2018. Since 2015, they have resided in Spain.
19
In December 2019, V.M.A. and K.D.K. had a daughter, S.D.K.A., who was born and resides with both
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