Recognition of a status acquired abroad in the EU. – A challenge for national laws from evolving traditional methods to new forms of acceptance and bypassing alternatives

Abstract

In view of the ECJ and ECtHR case law on the recognition of names, same-sex marriages and parent-child relationships established abroad, this paper explores how various Member States conform with the resulting obligations. We compared 16 EU jurisdictions and their implementation of the aforementioned case law. Overall, a general tendency in favor of the recognition of a status acquired abroad can be observed; be it by the re-shaping of procedural recognition and private international law rules, or the application of new techniques, or an increasing restraint to reject recognition due to public policy reasons. Irrespective of the technique, however, a methodological struggle to comply with the European obligations is evident. Consequently, the mere registration of a status acquired abroad proves to be of increasing importance in practice.