High court: two women cannot be registered as parents under Polish law
In accordance with the Polish law, only a mother and a father can be recognised as parents to a child; Polish legislation does not recognise any other category of parent - judge Jacek Chlebny said on Monday, explaining the Supreme Administrative Court's (NSA) resolution.
The judge added that Polish legislation does not allow writing down female person's name into the "father bracket" of the child's civil status act, and the civil status law states that father is always male.
The NSA adopted a resolution on Monday stating that the Polish law did not recognise transcripts of foreign civil status acts in which both parents were the same sex.
A question of law arose from the case examined by the NSA a few months ago regarding a woman who had been refused, by the civil status office chief in Piaseczno, having a transcript of her London-born son's birth certificate written down into Polish record. The transcript had two women written down as parents.
The NSA underscored in the substantiation that in the process of transcription, a Polish civil status act is created.
"It separates from the original document on which it was based and its further fate under the Polish law happens regardless of the fate of the foreign document. Therefore, the transcription must be done based on the Polish law, and the meaning behind the used notions should correspond with the notions recognised by the Polish law," judge Chlebny said.
The plaintiff stressed that due to lack of the birth certificate transcription, the office refused to issue a national identification number and Polish passport for her child. The NSA stressed, however, that being granted citizenship "under no circumstances should depend on transcription".
"The plaintiff is a Polish citizen and so her son, under the law, in accordance with the constitution, has acquired Polish citizenship. Lack of transcription is not an obstacle in having Polish citizenship confirmed," judge Chlebny explained.
Autor: gf / Źródło: TVN24 News in English, PAP
Źródło zdjęcia głównego: Adrian Grycuk / CC BY-SA 3.0 / Wikipedia