Certificate of Polish citizenship and transcription of birth certificates of children whose parents are in same-sex relationships. The analysis of the Supreme Administrative Court case-law

In discussions about the need of transition from informal relationships (especially same-sex relationships) to structures regulated by normative standards, various arguments of axiological and sociological nature clash. The problems affecting children, which are a direct consequence of their parents’ decision to apply institutions not regulated by Polish law, play a significant role in this debate. The analysis of the case-law concerning the issue, indicated in the title of the article, leads to the conclusion that currently the Supreme Administrative Court tries to compensate for the lack of appropriate normative regulations by legal interpretation, which reflects the welfare of the child to the greatest extent, referring to the provisions of the Convention on the Rights of the Child and article 72 of the Constitution of the Republic of Poland. However, the adopted solution does not guarantee that there will be no future problems, which may have a significant negative impact on the legal situation of children whose parents decided to live in same-sex relationships.

The issue of institutionalizing non-heteronormative unions arouses great controversy in Poland and has not yet been legally regulated in any form. The issue of institutionalizing same-sex unions is multifaceted and has an interdisciplinary character. The aim of the article is to analyze selected premises, both legal and ideological, related to the admissibility of institutionalizing the form of relationships of non-heteronormative people.

Gloss to the Judgment of the European Court of Human Rights of 12 December 2023, Przybyszewska and Others v. Poland Application no. 11454/17 and 9 Others

The gloss deals with the December 12, 2023 judgment of the ECtHR. The Court subjected the case of Przybyszewska and others v. Poland to judgment as a result of complaints filed by monosexual couples demanding legal legalization of their relationships in Poland. The violations covered by the complaints included Poland’s violation of their right to private and family life, exemplified by its failure to provide legal recognition of their relationship, resulting in a failure to provide them with legal protection. The Strasbourg Court found that the lack of legal instruments to legalize same-sex relationships was a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The conclusion that there is an obligation on the part of the obliged state – a party to the Convention – to ensure adequate protection of private and family life for couples living in same-sex unions, deserves approval.