Transcription of birth certificates of children of same-sex couples: “De lege lata” and “de lege ferenda fundamentali” considerations

Abstract

The aim of these considerations is to outline the question of admissibility of transcription of birth certificates of children of same-sex couples. The Polish legal order does not accept homosexual marriages, which leads to a refusal to transcribe such acts due to the application of the public order clause. As a result, a minor citizen of the Republic of Poland is deprived of the possibility of obtaining identity documents and assigning a PESEL number, which hinders the exercise of his civil rights and those arising from EU law — the right to freedom of movement and residence in the territory of member states. The paper analyzes in detail the jurisprudence of administrative courts and the Court of Justice of the European Union with regard to de lege lata legal solutions and its impact on the practice of public administration bodies. The draft law amending the regulations on transcription was also evaluated in terms of postulated de lege ferenda solutions.