text translated automatically from the Polish version
Marriage, wedding and illegitimate children
Judgments of courts:
- II OSK 1412/17 - Judgment of the Supreme Administrative Court
According to the content of art. 13 section 1 of the Act of August 2, 1926 on the law applicable to private international relations for the validity of a marriage concluded outside of Poland, it was necessary to preserve the form prescribed by the national laws of both spouses. Thus, religious marriage will be invalid for Polish citizens (decree of 25 September 1945 Marriage Law (Journal of Laws No. 48, item 270), which entered into force on January 1, 1946 (art. 39)
- II OSK 37/16 - Judgment of the Supreme Administrative Court in Warsaw
Losing the citizenship of an illegitimate child is not dependent on the mother's citizenship, but can be lost individually by the mother
- II OSK 53/16 - Judgment of the Supreme Administrative Court in Warsaw
As a rule, it is assumed that the legal person in the matter of claiming citizenship has the person to whom the application relates. The Supreme Administrative Court also accepted that such an interest was vested in the descendants of the requested person, since citizenship of children results, as a rule, from citizenship of parents (judgment of the Supreme Administrative Court of September 14, 2006, II OSK 353/06, of February 20, 2008, II OSK 97/07, of 13 March 2009, II OSK 732/08, public Central Court of Administrative Courts, sądenia.nsa.gov.pl).
- II OSK 2094/15, Acquisition of Polish citizenship by a child - Judgment of the Supreme Administrative Court in Warsaw
In the context of the acquisition of Polish citizenship by a child, whether it had a "wedding" origin within the meaning of art. 5 of the Act of 1920 on the citizenship of the Polish State should be governed by Polish law, if the father of the child at the date of his birth had Polish citizenship (in addition to citizenship of a foreign state).
- II OSK 695/15 - Judgment of the Supreme Administrative Court in Warsaw
From 1 January 1946 only civilian marriages were significant.
- II OSK 3263/14 - Judgment of the Supreme Administrative Court in Warsaw
The absence of the marriage certificate of the applicant's parents does not prevent the applicant's parents from marrying other evidence than the marriage certificate, in particular by the decision of the District Rabbinical Court in R.
- II OSK 1927/14 - Judgment of the Supreme Administrative Court in Warsaw
The NSA referred to the views of the doctrine that exceptionally marital status can also be evidenced by means of other evidence (J. Litwin, Law on Civil Status Records, Commentary, Warsaw 1960, pp. 203 et seq .; Family and Guardianship Law System, Warsaw 1985 ., p. 80 and following). The court ruled that such a proof of marriage in October 1945 may be the decision of the District Rabbinical Court in 2007.
- II OSK 2733/13 - Judgment of the Supreme Administrative Court in Warsaw
The NSA stated that if under the law of 1920 the mother of an illegitimate child lost citizenship, it did not refer to an illegitimate child who retained Polish citizenship.
- II OSK 2528/12 - Judgment of the Supreme Administrative Court in Warsaw
As in the birth certificate, it is written that parents were married and that their marriage certificate is not needed.
- II OSK 189/12 - Judgment of the Supreme Administrative Court in Warsaw
If the mother was deported to forced labor, the child born during the deportation purchased the ob. Polish.
- II OSK 657/16 - Judgment of the Supreme Administrative Court in Warsaw
The diversity of the situation of married and illegitimate children is in accordance with EU and international law
- II OSK 1176/16 - Judgment of the Supreme Administrative Court of March 6, 2018,
Children born abroad in the years 1902-1920.
Children who acquired foreign citizenship by birth abroad (i.e. born in 1902-1920) before 1920 could not subsequently acquire Polish citizenship in 1920, even if their parents acquired those by law in 1920. In contrast, children born abroad after 1920 already acquired Polish citizenship "after their parents" even though they simultaneously acquired foreign citizenship. This interpretation of the regulations is confirmed by the positions of the Minister of the Interior contained in circular No. 18 of 9 July 1925 entitled "Citizenship of persons born and naturalized in America" (Coll. Of the Minister of Internal Affairs, p. 858)