1. LGBTI DISCRIMINATION AND PARENT-CHILD RELATIONSHIP: CROSS BORDER MOBILITY OF RAINBOW FAMILIES IN THE EUROPEAN UNION By Elena Falletti Università Cattaneo – Liuc (Italy)

2. Rainbow families Adoption - Simple - Joint - Step-parenting - Second parent Assisted Reproductive Technology Surrogacy

3. National Legal Regulations in 27 EU Member States 18 EU Member States have no explicit provision on access to in IVF and on adoption (Joint or second parent) 6 EU Member States treat equally heterosexuals and homosexuals couples 4 EU Member States regulate altruistic surrogacy 1 EU Member States recognize IVF and second parent adoption 1 EU Member State recognizes only second parent adoption

4. EU Law Charter of Fundamental Rights of the European Union Free Movement Directive (Directive 2004/38/EC) Family Reunification Directive (Directive 2003/86/EC) Qualification Directive (Directive 2011/95/EU) Regulation Brussels II (Council Regulation EC n. 2201/2003

5. European Case Law European Court of Justice (Luxembourg Court) - Article 21 + Articles 7 and 9 of the Charter of Fundamental Rights of the European Union European Court of Human Rights: (Strasbourg Court) - Non discrimination – Best interest of the child – Family life

6. National law / 1 Surrogacy - Belgium, Belgian homosexual parents / Ukraine surrogate mother - France, French homosexual parents / American surrogate mother - England, Belgian and English homosexual parents / India surrogate mother

7. National law / 2 In Vitro Fertilization - Germany, German lesbian couple / anonymous sperm donation in Denmark Connection with second parent adoption

8. National law / 3 Joint adoption - Slovenia, US and slovenian homosexuals couple adopted in New Jersey a US girl - Landmark decision of Slovenian Supreme Court - France, French and English homosexuals couple adopted a boy - Adoption recognized by the Cour d'Appel de Paris, rejected by the Cour de Cassation

9. National law / 4 Second Parent Adoption - France, Franco-Finnish lesbian couple registered in a PACS, two children - Germany, Bulgaria, Romania. Two homosexual people claimed for the second parent adoption of their partner's child. - Bundesverfassungsgericht, “The unequal treatment of the children in relation to adopted children of spouses is not justified”

10. National case law / 5 Second parent adoption - The Netherland, Belgium, Denmark. Adoption of unborn child Work in progress, reforming marriage national laws - France, Marriage pour tous - United Kingdom, Marriage (Same Sex Couples) Bill

11. Thank you for your kind attention! Any questions?