CHIP’s inputs on the European Law Institute’s position paper on the Private International Law on Filiation and the European Commission’s Proposal COM/2022/695 final (European certificate on parenthood)

CHIP thanks the European Law Institute (ELI) which has allowed CHIP, as an observer, to participate in meetings and give inputs regarding their position paper on the Private International Law on Filiation and the European Commission’s Proposal COM/2022/695 final.

In its feedback, CHIP acknowledges that ELI has done great work to improve the children’s right to identity, especially by including in the Regulation a new specific provision on the right to know their origins, mentioning the possibility of a child having been trafficked, and by preventing forum shopping and reproductive tourism. However, there are still some gaps that could prevent the child from knowing their origins. In particular, the Regulation must ensure that all information regarding a child’s legal identity, including details on parent(s), donor(s) and surrogates, is registered and accessible. It must also ensure that any filiation certificate does not inadvertently facilitate and/or recognize situations where the sale of children has occurred.