Bulgarian justice went on Wednesday against a judgment of the Court of Justice of the EU (CJEU) by refusing to issue a birth certificate to the stateless daughter of a lesbian couple.
The Supreme Court overturned the decision of the Administrative Court of Sofia dated May 2022, which obliged the municipal authorities to provide Sara with such a document - a pseudonym.
"
Bulgaria cannot refuse to recognize that Sara descends from both parents on the grounds that national legislation does not provide for the institution of
same-sex marriage," the body said at the time.
Country regularly accused
It was based on a judgment of the CJEU, which had found in December 2021 that Bulgaria had violated the fundamental rights of the child.
A decision set to set precedent, as the disparate legislation within EU member states plunges homoparental families into legal puzzles.
“
The Supreme Court is taking the liberty of defying the judgment of the CJEU!
“, was indignant with AFP Me Denitsa Lubenova, lawyer of the family, who intends to seize the European Commission.
At the origin of this affair, a married lesbian couple, composed of a Bulgarian and a Briton from Gibraltar, whose little girl born in December 2019 in Spain found herself without nationality.
Sara could not claim either Spanish citizenship, as her two mothers were foreigners, or British citizenship, as she was born in a third country.
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Bulgarian law stipulating that any child born to a Bulgarian parent is Bulgarian, the couple then turned to the authorities in Sofia but were met with a refusal.
Now three years old, Sara remains stranded in Spain without an identity document.
Bulgaria is regularly accused by NGOs of violating the rights of LGBTI people (lesbian, gay, bisexual, transgender and intersex).
The Court of Cassation ruled out last week any change in the civil status of transgender people.
