Illegitimate daughters born before January 19, 1933.
We would like to refer again to the previously criticized (current December 2019) view on our website about the citizenship of daughters illegitimate before 1951.
The criticized view (expressed in the judgment of the Provincial Administrative Court in Warsaw in the judgment of July 2, 2018, file no. IV Sa / Wa 1212/18 (unpublished), stated that wedding daughters who acquired foreign citizenship upon birth would lose their citizenship upon reaching the age of 18 They were losing the protection of their father, a Polish citizen.
It should be pointed out that this view deserves criticism from one more point of view. Well, according to the interpretation expressed in Circular No. 18 of the Minister of the Interior of July 9, 1925 "Citizenship of people born and naturalized in the USA", every Polish citizen born abroad acquired Polish citizenship at the time of birth. Even if at the same time he became a citizen of another country (ius Salt). Such an interpretation resulted from the primacy of Polish law over foreign legal orders in terms of deciding who is a Polish citizen and who is not. This means that born illegitimate daughters also acquired Polish citizenship, even if they simultaneously acquired foreign citizenship.
As we know, however, the citizenship of illegitimate children did not depend on the citizenship of the father of the family, so reaching the age of 18 would not change the status of an illegitimate daughter. Thus, their situation would be better than that of the wedding daughters that the Provincial Administrative Court wrote about in the judgment of July 2, 2018. This unjustified differentiation of the situation of wedding and illegitimate daughters means that the interpretation presented by the court leads to an illogical interpretation of the regulations and should be rejected as erroneous.
