By Le Figaro with AFP
Published on 03/01/2023 at 21:52
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The Supreme Court overturned the Sofia Administrative Court’s May 2022 decision refusing to issue the birth certificate. sebra/stock.adobe.com
The Bulgarian judiciary on Wednesday acted against a ruling by the European Court of Justice (ECJ) by refusing to issue a birth certificate to the stateless daughter of a lesbian couple.
The Supreme Court overturned the Sofia Administrative Court’s May 2022 decision that required the city administration to provide Sara with such a document — a pseudonym. “Bulgaria cannot refuse to recognize Sara’s descent from both parents on the grounds that national legislation does not provide for the institution of same-sex marriage,” the panel said at the time.
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country regularly accused
The basis was a judgment by the ECJ, which found in December 2021 that Bulgaria had violated the fundamental rights of the child. A decision that will set precedents while differing legislation in EU member states creates legal conundrums for homoparent families. “The Supreme Court dares to defy the judgment of the ECJ!” outraged Denitsa Lubenova, the family’s lawyer who wants to attack the European Commission, on AFP Me.
At the beginning of this affair there was a lesbian couple, consisting of a Bulgarian and a Briton from Gibraltar, whose girl, who was born in Spain in December 2019, was without nationality. Sara could not claim Spanish citizenship as both of her mothers were foreigners, nor British citizenship as she was born in a third country.
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The Bulgarian law, which stipulates that every child born to a Bulgarian parent is Bulgarian, then turned to the authorities in Sofia, but was rejected. Sara, now three, is stuck in Spain without ID.
Bulgaria is regularly accused by NGOs of violating the rights of LGBTI (Lesbian, Gay, Bisexual, Transgender and Intersex) people. The Court of Cassation last week barred any change in civil status for transgender people.