The Sofia court will now have to issue its own decision in line with the ECJ ruling before Sara can leave Spain. It added, however, that each EU country "must comply with EU law", especially with citizens' freedom of movement and of residence, "by recognising, for that purpose, the civil status of persons that has been established in another member state in accordance with the law of that other member state".
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"A person's status is a matter which falls within the competence of the member states, which are free to decide whether or not to allow marriage and parenthood for persons of the same sex under their national law," the court said. The court added it does not mean that all EU countries must recognise same-sex couples in national law, but that the children's right to free movement should not be hindered because a member state does not recognise same-sex parents. ""The rights which nationals of member states enjoy under Article21(1) TFEU include the right to lead a normal family life, together with their family members, both in their host member state and in the member state of which they are nationals when they return to the territory of that member state," the court argued. both parents must have a document which enables them to travel with that child," the court said. to exercise, with each of her parents, her right of free movement. "The member states must recognise that parent-child relationship in order to enable S.D.K.A. The ECJ ruled that Spain had already established the child-parent relationship through a birth certificate and Bulgaria should issue a passport based on that. The Bulgarian mother took the case to Sofia's Administrative Court, which earlier this year asked to consult the Luxembourg-based EU court.