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Prohibition of registering the foreign birth certificate of a child of same-sex parents.

In a resolution of December 2, 2019, the Supreme Administrative Court (II OPS 1/19) stated that in the light of Polish law it is not allowed to enter a foreign birth certificate of a child of the same sex parents in Polish civil status books. Thus, the ban on adoption of children by homosexual couples in Poland has been maintained.

Transcription of such a foreign birth certificate would be contrary to the principles of the Polish legal order. In accordance with art. 18 of the Constitution, marriage as a relationship between a woman and a man, family, motherhood and parenthood are under the protection and care of the Republic of Poland. The principles arising from the Constitution are reflected in the provisions of a statutory rank. In their case, the legislator did not provide for the possibility of entering in the Polish marital status certificate as a father of a female person. from art. 1 § 1 of the Penal Code, in conjunction with Art. 18 of the Constitution (M. Wojewoda (in :) The private law system. Private international law. Volume 20c op. Cit., P. 561). Polish law does not know the institution of "same-sex parents" and does not grant parental rights to partnerships.

The NSA also stated that European Union law does not provide for an absolute obligation to recognize the effects of a foreign marital status certificate and to transfer it to the national marital status register. Refusal to transfer a foreign document to the national register of marital status may be justified by the application of the national public order clause.

Text of the judgment

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