Commentary to the resolution of the Supreme Administrative Court of December 2nd 2019, II OPS 1/19

Abstract

The commentary concerns the resolution of the Supreme Administrative Court of 2 December 2019, relating to the transcription of a foreign child’s birth certificate, in which persons of the same sex are registered as parents. This issue sparks a controversy and legal problems due to the fact that in Poland, same-sex marriages or partner relationships are not recognised. The glossed ruling of the Supreme Administrative Court refused to transcribe foreign birth certificates of the children of same sex couples, which denied those children, who are Polish citizens, the possibility to obtain Polish documents confirming their citizenship (such as a passport or ID), which violates their civil rights. The author submits that the judgment of the Supreme Administrative Court is in contrary to the domestic legal order as well as international law.