Legal aspects of co-parenting in heterosexual relationships under Polish family law Cover Image

Prawne aspekty co-parentingu w związkach heteroseksualnych na gruncie polskiego prawa rodzinnego
Legal aspects of co-parenting in heterosexual relationships under Polish family law

Author(s): Dariusz Skłodowski
Subject(s): Civil Law
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: co-parenting; contemporary family models; parental rights and duties; principle of the child's welfare; family law

Summary/Abstract: The aim of the article is to explain the concept of 'co-parenting', which describes one of the contemporary family models. The analysis is limited to Polish practice, focusing on the relationships between two individuals of different genders who choose to raise a child within the co-parenting model. The article discusses key provisions of the Family and Guardianship Code that regulate the rights and obligations of parents involved in the upbringing process. Issues related to the legal recognition of parenthood, limitations in entrusting child care, and the role of family courts in resolving disputes related to co-parenting are also analysed. The article examines three key issues concerning the need to protect the welfare of a child raised in this contemporary family model. The considerations focus on the child's right to maintain contact with both parents, agreements regulating the fulfilment of alimony obligations, and the impact of parents living apart on their parental rights and duties. The article highlights the legal provisions applicable to the co-parenting model and interprets them in the context of the principle of the child's welfare, which is the fundamental principle governing family relations. The conclusion indicates that Polish regulations adequately protect the interests of the child in co-parenting; however, in light of social changes, they may require broader adaptation to ensure the full realization of parental and maintenance rights.

  • Issue Year: 87/2025
  • Issue No: 3
  • Page Range: 235-256
  • Page Count: 22
  • Language: Polish
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