The ELI Report on Enhancing Child Protection is available here.

The Forum brought together a distinguished group of participants, including representatives of European Ministries of Justice and Supreme Courts, members of European institutions, Ombusdpersons for Children, academics, and practitioners specialising in family and private international law. It provided a platform for in-depth discussion on the complex and sensitive issues surrounding cross-border recognition of parenthood and the protection of children’s fundamental rights.

The event was opened by Pietro Sirena (ELI Second Vice-President; Dean, Department of Law, Bocconi University), who emphasised the importance of fostering dialogue among key stakeholders and highlighted the Forum’s objective of advancing the debate on strengthening child protection through improved legal frameworks at EU level.

Participants were welcomed by Alain Pilette (Deputy Director Justice, DG JAI Justice and Home Affairs at the Council of the European Union), who delivered a keynote speech underlining the significance of the ELI Report for ongoing negotiations in the Council. He noted that the proposal on parenthood touches upon core aspects of the European Union, including free movement, legal certainty, and the protection of children, while also engaging deeply sensitive areas of national law.

In his address, he identified several key challenges, including:

• the political difficulty of achieving unanimity among Member States with divergent approaches to family law, particularly regarding same-sex parenthood and surrogacy;
• the need to strike a balance between mutual recognition of parenthood and respect for national public policy;
• concerns about indirect harmonisation resulting from recognition mechanisms.

He welcomed the ELI Report as a valuable and practical contribution, particularly for its child-centred approach, its technical refinements on jurisdiction and applicable law, and its proposals for improving the effectiveness of cross-border recognition.

This was followed by a presentation of the ELI Report by Ilaria Pretelli (Co-Reporter; Senior Fellow, Swiss Institute of Comparative Law), who outlined the conceptual foundations and key recommendations of the project. She emphasised that the Report seeks to place the child at the centre of the legal framework, focusing on the continuity of the child’s legal status, the right to know their origins, and the need to avoid ‘limping’ legal relationships across borders.

The Report adopts a dual approach:

• promoting convergence where common values exist, particularly in the protection of children’s rights; and
• relying on private international law as a coordinating tool where Member States’ views diverge, ensuring that children are not adversely affected by legal fragmentation.

Pretelli highlighted several innovative features of the Report, including:

• the prioritisation of the child’s habitual residence as the main connecting factor for jurisdiction and applicable law;
• the distinction between biological affiliation and legally constructed parent-child relationships;
• the clarification of the evidentiary (rather than constitutive) role of birth certificates and similar documents;
• the proposal for a European Certificate of Filiation (ECF) supported by a centralised EU register, aimed at enhancing legal certainty and facilitating access to information about a child’s origins.

The presentation also addressed complex and sensitive issues such as surrogacy, adoption, and reproductive technologies, stressing the need to prevent exploitation, avoid forum shopping, and ensure that the best interests of the child remain paramount.

Susanne Gössl (Co-Reporter; Professor, University of Bonn) further underlined that, while the Report does not seek to harmonise substantive family law, it aims to ensure that once a child exists, their rights and legal relationships are effectively protected across the European Union.

The presentations were followed by a discussion among participants.

ELI would like to express its sincere gratitude to the speakers and participants for their insightful contributions and thoughtful engagement.

ELI remains committed to supporting the development of effective legal frameworks that enhance the protection of children in cross-border situations and will continue to promote dialogue and collaboration in this important area.