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the national identity and constitutional identity of a Member State and, on the other hand, the best
interests of the child, having regard to the fact that, at the present time, there is neither a
consensus as regards values nor, in legal terms, a consensus about the possibility of registering as
parents on a birth certificate persons of the same sex without providing further details of whether
one of them, and if so, which of them, is the child’s biological parent? If this question is answered
in the affirmative, how could that balance of interests be achieved in concrete terms?
(3)
Is the answer to Question 1 affected by the legal consequences of [the Withdrawal Agreement] in
that one of the mothers listed on the birth certificate issued in another Member State is a United
Kingdom national whereas the other mother is a national of an EU Member State, having regard
in particular to the fact that the refusal to issue a Bulgarian birth certificate for the child
constitutes an obstacle to the issue of an identity document for the child by an EU Member State
and, as a result, may impede the unlimited exercise of her rights as [a Union] citizen?
(4)
If the first question is answered in the affirmative: does EU law, in particular the principle of
effectiveness, oblige the competent national authorities to derogate from the model birth
certificate [which is one of the model civil status certificates] applicable [at a national level]?’
Procedure before the Court
33
In its request for a preliminary ruling, the referring court requests that the case be dealt with under the
expedited procedure provided for in Article 105 of the Rules of Procedure of the Court of Justice. The
referring court states in particular that the Bulgarian authorities’ refusal to issue a birth certificate to
S.D.K.A., who is a Bulgarian national, makes it very difficult for that child to obtain a Bulgarian
identity document and, therefore, to exercise her right to move and reside freely within the territory of
the Member States, which is guaranteed in Article 21 TFEU.
34
Article 105(1) of the Rules of Procedure provides that, at the request of the referring court or,
exceptionally, of his own motion, the President of the Court may decide, after hearing the JudgeRapporteur and the Advocate General, that a reference for a preliminary ruling is to be determined
pursuant to an expedited procedure where the nature of the case requires that it be dealt with within a
short time.
35
In the present case, on 19 October 2020, the President of the Court decided, after hearing the JudgeRapporteur and the Advocate General, to grant the request for an expedited procedure mentioned in
paragraph 33 of the present judgment. The reason for that decision was that S.D.K.A., a young child, is
currently without a passport but resides in a Member State of which she is not a national. In so far as
the questions referred are intended to determine whether the Bulgarian authorities are required to issue
a birth certificate for that child and it is apparent from the request for a preliminary ruling that such a
document is necessary, according to national law, in order to obtain a Bulgarian passport, an answer
from the Court within a short period of time could help to ensure that that child is able to obtain a
passport more quickly (see, to that effect, order of the President of the Court of 3 July 2015, Gogova,
C‑215/15, not published, EU:C:2015:466, paragraphs 12 to 14).
Consideration of the questions referred
36
By its questions, which it is appropriate to examine together, the referring court asks, in essence,
whether EU law obliges a Member State to issue a birth certificate, in order for an identity document to
be obtained according to the legislation of that State, for a child, a national of that Member State, whose
birth in another Member State is attested by a birth certificate that has been drawn up by the authorities
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