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Alternative title:

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

Subject and Keywords:

transcription of foreign birth certificate   civil status registry   public policy clause   cross-border relationship   homosexual couples


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.

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ISSN 0137-1134


PAd P 101660 II



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Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2021   Copyright by CNS

Autor opisu:

WR U/PAdal


WR U/PAdjm