The Marburg Group’s Comments on the European Commission's Parenthood Proposal

On 7 December 2022, the European Commission published a Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (Parenthood Proposal, PP).

In the book, the Marburg Group undertakes the first extensive and in-depth assessment of the Parenthood Proposal. While the Group welcomes the initiative of the Commission and embraces the overall structure of the Parenthood Proposal, it suggests several fundamental changes.

The Commission proposes common rules for the Member States in the domain of parenthood, addressing the classic issues of private international law: jurisdiction in parenthood matters (Art. 6 et seq. PP), the applicable law to parenthood (Art. 16 et seq. PP) and the recognition of court decisions in parenthood matters (Art. 24 et seq. PP). Furthermore, inspired by the European Certificate of Succession, the Commission recommends the introduction of a European Certificate of Parenthood, enabling European citizens to prove a parenthood position throughout the European Union, with uniform effects (Art. 46 et seq. PP). Finally, the Parenthood Proposal targets the cross-border circulation of authentic instruments on parenthood with two separate regimes: not only shall the evidentiary effects of authentic instruments be extended to other Member States (Art. 44, 45 PP), as they already are under the Succession Regulation, but, following the concepts of the Brussels IIb Regulation, the Commission even suggests that authentic instruments with binding legal effects shall be recognised in the same way as court decisions (Art. 35 et seq. PP).