Summary title: Petition 1038/2020 by Björn Sieverding (German), on behalf of the Network of European LGBTIQ* Families Associations, signed by one other person, on the mutual recognition of legal guardians in LGBTIQ families in the EU
Petition number: 1038/2020
Topics: Fundamental Rights
Country: Bulgaria, European Union, Denmark
Name of association: Network of European LGBTIQ* Families Associations
Name: Björn Sieverding
The petitioner, together with another representative of an LGBT organisation, has taken up the case of a Danish mother of a five-year-old child. The petitioner states that the Danish woman married the biological mother, a Bulgarian woman, in Denmark, but has since divorced. The boy has Danish and Bulgarian nationality and both have custody under Danish law. The biological mother took the boy with her to Bulgaria, where the Bulgarian courts ruled out ‘joint motherhood’ on the grounds that there was no provision for such an arrangement in law. The Danish mother was neither invited to nor represented at those proceedings. Her right to custody of the child was not recognised and she was not granted visiting rights. The Danish courts have also declared that they do not have jurisdiction because it is a cross-border matter. The petitioner regards this case as an infringement of the free movement of persons and a flagrant violation of fundamental rights.