L’influenza dell'ordinamento UE sul diritto di famiglia

The essay examines the growing influence of European Union law on family law, an area traditionally reserved to the exclusive competence of Member States and marked by cultural and ethical sensitivities. After outlining the progressive development of EU private international family law—covering divorce, parental responsibility, maintenance obligations, and matrimonial property regimes—the paper focuses on the recent proposal for a regulation on parenthood. This initiative aims to ensure that parenthood legally established in one Member State is automatically recognized across the Union, regardless of the family model or the child’s circumstances of birth. While the proposal seeks to strengthen children’s fundamental rights, promote equality, and reduce legal and administrative burdens for cross-border families, it also faces significant political and legal resistance. Divergent national approaches to filiation, ethical concerns such as surrogacy, and Member States’ reluctance to cede sovereignty in such a sensitive area have stalled negotiations.