Two women wanted to be the foreign birth certificate of their child, in which they were both entered as the parents, to also be valid in Poland. The Supreme Administrative Court ruled that such a case would be incompatible with Polish law and repealed the earlier ruling of the Voivodship Administrative Court.
The women wanted to register the British birth certificate of their child in Poland.
The director of the Civil Registry Office refused to transcribe the document, however, due to the parents being stated as two people of the same gender. His decision was later upheld by the Voivodship governor but the Voivodship Administrative Court overrode his decision.
Through a cassation appeal, the case reached the Supreme Administrative Court, which decided last week that two women being the parents of a child was illegal in Poland.
“With the ruling from April 5, 2018, the Voivodship Administrative Court repealed the decision of the Voivodship governor, thereby upholding the decision of the director of the Civil Registry Office to refuse to transcribe a foreign birth certificate. The case concerns a child born in the UK and whose parents have been entered as two women,” the National Prosecutor’s Office press office has informed.
The Prosecutor’s Office argued that the Voivodship Administrative Court violated the law through an incorrect interpretation and application.
The Supreme Administrative Court deemed the Prosecutor’s and the Voivodship governor’s complaints justified and rejected the women’s notion.
The National Prosecutor’s Office informed that the Supreme Administrative Court deemed the women’s demands as incompatible with the basic rules of the Polish legal order.