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O przypadkach dokonanej transkrypcji aktów urodzenia dzieci par jednopłciowych

100%
Wojewoda M.
Problemy Prawa Prywatnego Międzynarodowego
|
2021
|
vol. 28
131-161
EN
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.
2
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Recent Polish Case Law on the Application of the Ordre Public Exception in Case of Transcription (Registration) of Foreign Birth Certificates into the Domestic Register of Civil Status

86%
Wasielewicz A.
Problemy Prawa Prywatnego Międzynarodowego
|
2021
|
vol. 28
163-195
EN
This article is an overview of the recent Polish case law on the application of the ordre public exeption in case of transcription of foreign birth certificates in Poland. In recent times, the ordre public exception was applied to prevent the transcription of birth certificates that indicate same-sex couples as parents of a child and birth certificates of children born by surrogacy. Simultaneously, it was commonly assumed that the transcription is obligatory in order to obtain Polish identity documents. For that reason, the refusal of transcription meant in fact i.a. the inability to obtain Polish identity documents. It caused not only practical complications in everyday life but it was also a serious breach of rights.This article outlines the evolution of the transcription case law in Poland. Initially, the administrative authorities and the courts had been refusing the transcription due to its inconsistency with fundamental principles of the legal order. Subsequently, however, transcription was found admissible on the basis of the principle of the best interests of the child. Due to the divergence in the case law, the issue of transcription was the subject of the resolution of seven judges of the Supreme Administrative Court of 2 December 2019 (ref. no. II OPS 1/19). The resolution states that the transcription is contrary to the fundamental principles of the legal order. However, the resolution also underlines that the fact that a child is a Polish citizen may be confirmed solely by a foreign birth certificate so there is no need for transcription in order to obtain Polish identity documents.
3

Międzynarodowa Komisja Stanu Cywilnego – osiągnięcia i niepowodzenia

72%
Masłowiec M.
Kwartalnik Prawa Prywatnego
|
2020
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vol. 29
|
issue 4
635-667
EN
This article presents the achievements and failures of the International Commission on Civil Status, which is an intergovernmental organisation that aims to facilitate international co-operation in civil status matters and to improve the operation of national civil status departments. The author presented the history of the Commission and its current crisis caused by the decreasing number of member states (Poland withdrew from the organization in 2017). The next part of the article provides an overview of the instruments of the ICCS, in particular conventions, including three conventions binding Poland. The achievements of the Commission were also described as a missed opportunity for the European Union, considering the EU activity in the field of civil status in recent years.
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