Uwagi o trybie postępowania o uzgodnienie płci
Remarks on the Procedure for Gender Reassignment

Summary/Abstract: In the Polish legal system, there are no provisions regulating the procedure for gender reassignment.The Gender Reconciliation Act adopted by the parliament in 2015, which defined theprocedure and consequences of gender reconciliation of persons whose gender identity differsfrom the sex entered on the birth certificate, was vetoed by the president and is now in a legislativevacuum. The Supreme Court has been trying to fill the existing gap in the law for yearsby issuing rulings on the basis of which a certain model of procedure in gender reconciliationcases is taking shape. This model has evolved from the non-contentious procedure concerningthe rectification of the birth certificate – to a process for determination pursuant to art. 189 ofthe Code of Civil Procedure. The pattern of examining cases for gender reconciliation under theprocedure for determination from the very beginning raises doubts as to the defendant of sucha process, the implementation of the adversarial principle and the nature of the action, and thejudgment determining gender issued pursuant to art. 189 of the Code of Civil Procedure. Thesolution may be to change the mode of proceedings to a non-contentious one based on thenew gender reconciliation proceedings.

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