Registration of the civil status of children from same-sex relationships in Poland Cover Image

Rejestracja stanu cywilnego dzieci ze związków osób tej samej płci w Polsce
Registration of the civil status of children from same-sex relationships in Poland

Author(s): Mirosława Katarzyn Pytlewska
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: same-sex marriage and parenthood; adoption by same-sex couples; surrogacy; gender reassignment; gender affirmation

Summary/Abstract: The cohabitation of informal relationships and same-sex marriages contracted outside Poland determines the legal situation of children from such households. Citizenship is acquired by birth, as minors acquire Polish citizenship if at least one of their parents is a Polish citizen. A foreign birth certificate is proof of birth, and its probative value does not depend on entry in the Polish civil registry system. In the case of children born in a civil partnership, the difficulty lies in documenting the acquisition of citizenship, rather than the citizenship itself. Citizenship can be proven by transcribing a foreign birth certificate, which is necessary to issue a Polish passport and assign a personal identification number (PESEL). In such cases, the problem is the transcription of the birth certificate of a child born in a relationship not recognized by Polish law, which only recognizes heterosexual marriages. It is necessary to balance the constitutional protection of heterosexual marriage in Poland with the best interests of children having same-sex parents.

  • Issue Year: 2026
  • Issue No: 1
  • Page Range: 41-52
  • Page Count: 12
  • Language: Polish
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