Rainbow families and EU free movement law

Tryfonidou, A. ORCID: https://orcid.org/0000-0003-0639-0356 (2019) Rainbow families and EU free movement law. In: Bergamini, E. and Ragni, C. (eds.) Fundamental Rights and Best Interests of the Child in Transnational Families. Intersentia, Cambridge, pp. 75-96. ISBN 9781780686653

Abstract/Summary

This chapter examines the position of the children of rainbow families in cases where such families move between EU Member States and include at least one EU citizen. When same-sex couples move with their children from a Member State where they are fully legally recognised as a family to a Member State that refuses to refuse full (or any) recognition, this is problematic from several perspectives. The free movement and fundamental (human) rights that both children and their parents enjoy under EU law are clearly affected when recognition is refused. This chapter explores whether EU law can assist the children of rainbow families when they seek legal recognition in a host Member State as children of both their parents under EU law.