Litigation on a national level – recognizing birth certificate indicating two mothers in Poland Anna Mazurczak

Poland No marriage equality. No civil partnership. No joint adoption. No recognition of foreign same-sex marriages or civil partnerships.

2014 - an obligatory transcription of a foreign birth certificate. 2014, 2015 – Supreme Administrative Court rejects the complaints on refusal to recognize same-sex parents – complaints to the ECHR were filed. Cases referred to the discrimination on the grounds of sexual orientation and violation of the parent’s right to private and family life.

Podstawy dyskryminacji

Convention on the Rights of the Child Article 3  1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Convention on the Rights of the Child Article 2  1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

Convention on the Rights of the Child Article 7  1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.  2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.

Convention on the Rights of the Child Article 8  1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 

We lost before the regional administrative court in Kraków in 2016 We lost before the regional administrative court in Kraków in 2016. The court did not consider the best interest of the child and the consequences of refusal to transcribe a foreign birth certificate.

What are the consequences? No ID, no Polish passport = no document confirming Polish citizenship = stalessness. No social security numer = no access to healthcare or education. Illegal stay in the territory of Poland – unaccompanied minor may be placed in foster custody or detention center.

What are the consequences? After the age of 18 – no access to the rights reserved for Polish citizens. No right to vote. No access to public service. No right to social security. No right to equal access to healthcare and education.

We won before the Supreme Administrative Court in 2018 We won before the Supreme Administrative Court in 2018. Registry offices in Poland cannot refuse the registration of foreign birth certificates of children based on the sexual orientation of their parents.

Lessons learned Children’s rights approach. Involvement of public institutions (Ombudsman). Every case makes us a step closer to the full legal recognition of rainbow families – don’t stop. Despite the fact that there were already complaints submitted to the ECHR, we continued litigation at the national level and we managed to achieve a change before the ECHR judgment was delivered.

Thank you for your attention! mazurczak@knutmazurczak.pl