On Tuesday, the European Union's top court ruled that each of its 27 member states must legally recognize same-sex parents and their children as a family.
The EU member state of Bulgaria denied a birth certificate for a newborn daughter of Kalina and Jane Jones because it does not recognize same-sex marriages, according to The Hill.
Both women were registered as Sara's mothers on her birth certificate because she was born in Spain, where same-sex marriage is legal, according to The Hill. The couple had no other choice but to apply for citizenship for their daughter in Bulgaria.
The child could not get Spanish citizenship because neither Kalina nor Jane are Spanish citizens. The child was denied British citizenship because Jane was born in Gibraltar of British descent, and under the British Nationality Act (1981), cannot transfer citizenship to her daughter.
Sara was denied citizenship in Bulgaria because her parents are of the same sex, which deprived her of personal documents and the ability to travel outside of Spain, as well as restricted her access to education, health care, and Social Security, according to ILGA-Europe.
EU citizens have a legal guarantee of free movement between countries and must acknowledge the relationship between parents and their childen according to the European Court of Justice.
The press release said that the refusal could make it more difficult for the child to exercise her right to free movement and thus her rights as a Union citizen.
According to a press release, the court determined that recognizing families with same-sex parents does not undermine the national identity or pose a threat to the public policy of another member state where same-sex marriage is not legal.
"We are thrilled about the decision and can't wait to get Sara her documentation and finally be able to see our families after more than two years," Jones and Ivanova said in a statement.
It is important for us to be a family in Spain and in any country in Europe, and finally it will happen. This is a huge step for all LGBT families in Europe and a long-awaited step for us.
