Tranzycja w polskim porządku prawnym – ewolucja regulacji, uwagi de lege lata i postulaty de lege ferenda
Transition in the Polish legal order – evolution of regulation, de lege lata comments and de lege ferenda proposals

Author(s): Filip Pańczyk
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: transition; transsexuality; Code of Civil Procedure; jurisprudence of the Supreme Court; Gender Recognition Act
Summary/Abstract: The article touches upon the issue of gender transition procedure in the Polish legal order. For this purpose, the evolution that has taken place in the jurisprudence of courts and the Gender Recognition Act from 2015 have been analyzed. The currently functioning provisional solution to this problem has been criticized both in the context of choice of procedural regime, obligation of a transgender person to sue his or her parents, as well as several procedural and evidentiary problems. Regarding the proposed changes, the need for non-procedural proceedings has been pointed out.

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