The Marburg Group’s Comments on the European Commission’s Parenthood Proposal

Christine Budzikiewicz (University of Marburg), Konrad Duden (Institute for Foreign and European Private and Procedural Law at the University of Leipzig), Anatol Dutta (Ludwig Maximilian University of Munich) Tobias Helms (University of Marburg) and Claudia Mayer (University of Regensburg) authored The Marburg Group’s Comments on the European Commission’s Parenthood Proposal with Intersentia.

The European Commission’s proposal of 7 December 2022 for a regulation on jurisdiction, applicable law, recognition of decisions, and acceptance of authentic instruments in matters of parenthood, including the creation of a European Certificate of Parenthood, is currently pending.

This proposal was specifically addressed in a series of EAPIL webinars held in May 2023 under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal and discussed on this blog here.

The Marburg Group, comprising the aforementioned authors, has already issued a paper suggesting some fundamental changes, in addition to technical amendments, noted in this blog here by Pietro Franzina.

This time, the Marburg Group provides a comprehensive analysis of the European Commission’s proposal on parenthood in the referenced book.

The book consists of  nine chapters: (i) Subject matter, scope, and definitions; (ii) Jurisdiction; (iii) Applicable law; (iv) Recognition; (v) Authentic instruments with no binding legal effect; (vi) European Certificate of Parenthood; (vii) Digital communications; (viii) Delegated Acts; and (ix) General and final provisions.