Legal Assessment of the Draft Amendment to Article 72 of the Constitution of the Republic of Poland Presented by the President of the Republic of Poland Cover Image

Ocena prawna projektu zmiany art. 72 Konstytucji Rzeczypospolitej Polskiej przedstawionego przez Prezydenta RP
Legal Assessment of the Draft Amendment to Article 72 of the Constitution of the Republic of Poland Presented by the President of the Republic of Poland

Author(s): Ewa Michałkiewicz-Kądziela
Subject(s): Gender Studies, Constitutional Law, Human Rights and Humanitarian Law, Family and social welfare
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Constitution; amendment; adoption; same-sex couples;

Summary/Abstract: On 6 July 2020 the President of the Republic of Poland submitted a bill to amend the Constitution of the Republic of Poland. The draft amendment envisaged the introduction of a provision to the current fundamental law which would raise the following rules to the level of a systemic principle: a child may be adopted only for his benefit, and only spouses may adopt a child jointly. Moreover, it would prevent same-sex cohabitants from adopting a child. This paper focuses on the legal assessment of the proposed amendment to Article 72 of the Polish Constitution. Its purpose is to indicate whether the provisions of this amendment may become part of the Polish Constitution and whether they are consistent with international regulations binding on Poland.

  • Issue Year: 20/2021
  • Issue No: 4
  • Page Range: 93-115
  • Page Count: 23
  • Language: Polish