Transkrypcja aktów urodzenia dzieci par jednopłciowych
Transcription of the Birth Certificates of the Children of Same-Sex Couples

Summary/Abstract: Until very recently the Polish civil registry offices and administration courts refused to transcribe foreign birth certificates of the children of homosexual couples (biological children of one of the partners, adopted children or children born in surrogacy). The aim of the article is to critically analyze this practice. As Polish law stands today, the children who are refused transcription of their birth certificates have no possibility to obtain Polish documents confirming their Polish citizenship (such as passport or ID). Therefore, the refusal of transcription does not only result in formal and evidentiary consequences, being lack of a Polish certificate of civil status, but also creates important practical consequences for the interested parties. This result was until recently largely ignored by Polish courts and other authorities. The groundbreaking judgment was, however, rendered by the Supreme Administrative Court on 10 October 2018, in which the Court has ordered to transcribe the birth certificate of a child, which identified as a mother a Polish citizen and another women as a second parent. The author submits, moreover, that the existing case law of the European Court of Human Rights suggests that the practice of refusing to transcribe the birth certificates of the children of homosexual couples violates the European Convention of Human Rights.

• Details
• Contents