Положај деце из истополних заједница у праву ЕУ
The status of children from same-sex partnerships in the European Union law

Summary/Abstract: Within the European Union, the freedom of movement of citizens is one of the “cornerstones” of its legal order. However, for LGBT people, this guaranteed right has not been fully realized. Different legal regulations on parental rights for same-sex couples can cause problems when families move to another EU member state that does not recognise same-sex unions in its legislation. Children from these families may find themselves at a disadvantage, and the legal status of their parents may be unclear. Only a small number of states recognise full parental rights for same-sex unions. This paper examines the position of children from same-sex unions in EU law, focusing on their right to freedom of movement, family reunification, and family ties. The article analyses the practice of the Court of the European Union on these issues, and special attention is paid to the case of V.M.A., which represents a turning point in the recognition of the right of children from same-sex families to have both parents registered in the birth register. At the end of the analysis, the author indicates possible further directions for the reform of the position of children from same-sex unions in the communitarian law of the European Union and the importance of this topic for the Republic of Serbia.

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