Independence of the citizenship of a child born out of wedlock
On October 19, 2021, another judgment of the Supreme Administrative Court (II OSK 65/21) was passed, which outweighs the line of administrative courts' jurisprudence, in favor of the claim that under the 1920 Act, the citizenship of an extramarital child is equal to that of the mother. The court ruled that "in the case of a married child under 18, his or her nationality status depends on that of the father. The above rule does not apply to the situation of a child born out of wedlock in the event of loss of citizenship by its mother. In such a situation, an "illegitimate" child may be an independent subject of the loss of Polish citizenship. "
We described the discrepancy in this case in January 2021:
discrepancies in the jurisprudence of courts
The new judgment is of great importance, as it is the most recent of the judgments that deal with this issue, and it can now be argued that there are now more judgments confirming the claim that the citizenship of an illegitimate child is independent of the mother's citizenship. When issuing the judgment, the court directly referred to the previous judgments in similar cases.
