The ECJ recognises the right of rainbow families to move freely between EU Member States: The V.M.A. ruling

Abstract

Three years after its landmark ruling in the case of Coman, concerning the cross-border legal recognition of same-sex marriages for the purposes of EU free movement law, the Court of Justice delivered its ruling in the VMA case, which concerned (again) the free movement rights of a same-sex couple but, this time, also of the couple’s child. The case, in particular, involved a claim for the cross-border legal recognition of the parent-child relationship between a child and both of her parents, in a situation which involved the exercise of EU free movement rights by a rainbow family (i.e. a family comprised of a same-sex couple and their child). The case is very important as it is the first time that the Court of Justice was called to adjudicate on this matter. The aim of this article is to analyse the VMA case, to explain its overall importance, as well as to highlight the uncertainties and gaps in protection that remain following the delivery of the Court’s ruling. The piece will also place the case in context, by providing an explanation of the overall situation concerning the parenting rights of same-sex couples in Europe. The article will conclude with a summary of the conclusions drawn from the analysis as well as with some thoughts as to how the uncertainties that persist regarding the legal regulation of the rights of rainbow families in Europe may be resolved in the (near) future.