Published: 2021-06-18

On Cases of the Transcription of the Birth Certificates of the Children of Same-Sex Couples

Michał Wojewoda Logo ORCID

Abstract

The article concerns the problem of birth certificates of children of same sex couples, which have been transcribed into the Polish register of civil status. Although such transcriptions, after the resolution of the Supreme Administrative Court of 2.12.2019, seem not to be allowed, a significant number of foreign certificates had already been transcribed beforehand. The author argues that there are limited grounds to eliminate such acts from the Polish register. Especially in cases, in which the transcribed birth act — generated in Poland — names the woman who gave birth to the child (which woman is always considered to be the mother according to Polish law), such acts can properly fulfill their role by proving the fact of the child’s birth and by explaining the motherhood. The fact that the other parent (of the same sex) is not mentioned at all or is mentioned only in an annotation to a birth act can be well reconciled with the rules of the Polish law.

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Citation rules

Wojewoda, M. (2021). On Cases of the Transcription of the Birth Certificates of the Children of Same-Sex Couples. Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 28, 131–161. https://doi.org/10.31261/PPPM.2021.28.05

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Vol. 28 (2021)
Published: 2021-06-30


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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