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LGBTI DISCRIMINATION AND PARENT-CHILD RELATIONSHIP:

LGBTI DISCRIMINATION AND PARENT-CHILD RELATIONSHIP: CROSS BORDER MOBILITY OF RAINBOW FAMILIES IN THE EUROPEAN UNION By Elena Falletti Università Cattaneo – Liuc (Italy). Rainbow families. Adoption - Simple - Joint - Step-parenting - Second parent Assisted Reproductive Technology

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LGBTI DISCRIMINATION AND PARENT-CHILD RELATIONSHIP:

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  1. LGBTI DISCRIMINATION AND PARENT-CHILD RELATIONSHIP: CROSS BORDER MOBILITY OF RAINBOW FAMILIES IN THE EUROPEAN UNION By Elena Falletti Università Cattaneo – Liuc (Italy)

  2. Rainbow families • Adoption - Simple - Joint - Step-parenting - Second parent • Assisted Reproductive Technology • Surrogacy

  3. National Legal Regulations in 27 EU Member States • 18 EU Member States have no explicit provision on access to in IVF and on adoption (Joint or second parent) • 6 EU Member States treat equally heterosexuals and homosexuals couples • 4 EU Member States regulate altruistic surrogacy • 1 EU Member States recognize IVF and second parent adoption • 1 EU Member State recognizes only second parent adoption

  4. EU Law • Charter of Fundamental Rights of the European Union • Free Movement Directive (Directive 2004/38/EC) • Family Reunification Directive (Directive 2003/86/EC) • Qualification Directive (Directive 2011/95/EU) • Regulation Brussels II (Council Regulation EC n. 2201/2003

  5. European Case Law • European Court of Justice (Luxembourg Court) - Article 21 + Articles 7 and 9 of the Charter of Fundamental Rights of the European Union • European Court of Human Rights: (Strasbourg Court) - Non discrimination – Best interest of the child – Family life

  6. National law / 1 • Surrogacy - Belgium, Belgian homosexual parents / Ukraine surrogate mother - France, French homosexual parents / American surrogate mother - England, Belgian and English homosexual parents / India surrogate mother

  7. National law / 2 • In Vitro Fertilization - Germany, German lesbian couple / anonymous sperm donation in Denmark • Connection with second parent adoption

  8. National law / 3 • Joint adoption - Slovenia, US and slovenian homosexuals couple adopted in New Jersey a US girl - Landmark decision of Slovenian Supreme Court - France, French and English homosexuals couple adopted a boy - Adoption recognized by the Cour d'Appel de Paris, rejected by the Cour de Cassation

  9. National law / 4 • Second Parent Adoption - France, Franco-Finnish lesbian couple registered in a PACS, two children - Germany, Bulgaria, Romania. Two homosexual people claimed for the second parent adoption of their partner's child. - Bundesverfassungsgericht, “The unequal treatment of the children in relation to adopted children of spouses is not justified”

  10. National case law / 5 • Second parent adoption - The Netherland, Belgium, Denmark. Adoption of unborn child • Work in progress, reforming marriage national laws - France, Marriage pour tous - United Kingdom, Marriage (Same Sex Couples) Bill

  11. Thank you for your kind attention! Any questions?

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