W zagranicznym małżeństwie jednopłciowym, czyli… stanu wolnego? Uwagi na temat międzynarodowego uznawania stanu cywilnego
Married Abroad to a Same Sex Person Meaning… Being Single? Some Comments on International Recognition of Civil Status

Summary/Abstract: The international recognition of civil status is still more a dream than reality. The contemporary family law has been developing in divergent directions. Some states have preserved a traditional model of family, based on heterosexual marriage whereas others adopted a more liberal path introducing new types of formal unions and accepting same sex parenting. Under these circumstances it is not infrequent that civil status shaped in one jurisdiction will not be recognized abroad. This leads to the proliferation of limping legal relationships. The article presents the position of Polish law with respect to the recognition of civil status in transborder cases. It is submitted that, as a rule, civil status shaped by events taking place abroad can be invoked in Poland. What is more, there are ways to record these events in the Polish civil status register. Still, there are certain safe guards (most notably the ordre public clause), which may lead to the denial of recognition of certain foreign institutions. Invoking the case law of international tribunals, the author argues that it is important to take a flexible approach. Some elements of recognition are possible and desirable even if a given construction (e.g. homosexual marriage) is not accepted as such.

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