Sądowa zmiana płci osoby pozostającej w związku małżeńskim
The Judicial Gender Transition of a Married Person

Summary/Abstract: Polish law does not suffi ciently regulate the issue of gender reassignment by transsexuals, but case law has developed a concept according to which it is possible to change the gender designation on a birth certifi cate by means of a court ruling. According to the Polish Constitution, marriage is in all cases a union between a woman and a man, and there is no doubt that a transsexual who has changed their registered gender may marry a person of their former gender. According to the prevailing view, if a transsexual is already married, it is not possible to change one's gender designation before the marriage is dissolved. Th e problem arises if, contrary to this view, a court rules to change the gender of a transsexual who remains married. In such a case, it is impossible to assume that a same-sex marriage is being formed, as this would be contrary to the Constitution. It is also diffi cult to consider that the existing marriage expires by operation of law. Th is article proposes a solution whereby a court ruling providing for a married person's change of gender has no legal eff ect.

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