Published: 2022-10-19

A Polish identity document for a child “ with legal same-sex parents” on the grounds of the guidelines in Resolution II OPS 1/19 issued by the Polish Supreme Administrative Court on 2 February 2019

Jakub M. Łukasiewicz
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.3.08

Abstract

According to the latest case law, a Polish citizen who is still a minor cannot obtain a Polish birth certificate on the grounds of a transcription of a foreign birth certificate if the foreign birth certificate says that the child has parents of the same sex. Te aim of this article is to answer the question whether a Polish citizen who has not reached the age of majority can obtain a Polish identity document despite not having a Polish birth certificate. This issue is of practical importance, since the rights arising from Polish citizenship such as the right to free mobility, the right to free education, etc. may be restricted for a Polish citizen who does not have a Polish identity document. It is still possible under Polish law for children in this situation to obtain an identity document, nonetheless the provisions of particular legislative acts and the executive regulations applicable to them make the process difficult.

Keywords:

birth certificate; citizenship; principle of the best interests of the child; passport.

Download files

Citation rules

Łukasiewicz, J. M. (2022). A Polish identity document for a child “ with legal same-sex parents” on the grounds of the guidelines in Resolution II OPS 1/19 issued by the Polish Supreme Administrative Court on 2 February 2019. Zeszyty Prawnicze, 22(3), 203–221. https://doi.org/10.21697/zp.2022.22.3.08

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.