Same sex pairs are not legal parents: Children’s Rights Ombudsman

The Supreme Administrative Court of Poland did not agree to enter the child's foreign birth certificate in the Polish legal register, in which two women appear as parents.

"This resolution leaves no doubt that the child's parents cannot be same-sex couples," the Ombudsman for Children wrote on Monday.

The Supreme Administrative Court considered the cassation appeal of a woman living in the United Kingdom, who argued that due to the lack of transcription, i.e. entering a foreign birth certificate in Polish marital status files, her child was refused the issuance of a PESEL number and a Polish passport.

The judges decided that the transfer of the content of the British birth certificate to Polish marital status records is contrary to the Polish legal order.

In the justification of the ruling, the Supreme Administrative Court emphasized that "the acquisition of Polish citizenship by a child born abroad cannot be conditional on entering - transcribing - a foreign birth certificate into Polish civil status files".

"This resolution is of colossal significance for the Polish legal system. It leaves no doubt that the child's parents cannot be same-sex couples. Moreover, it is impossible to legalise same-sex marriages in any indirect way. For me, the applicable law is obvious to some as you can see, no, that is why today's resolution of the Supreme Administrative Court is so valuable, "wrote Mikołaj Pawlak, Ombudsman for Children in a statement.

Appearing before the Supreme Administrative Court, the Ombudsman for Children pointed out that the applicant is a Polish citizen and therefore her son acquired Polish citizenship by virtue of law pursuant to art. 34 of the constitution. You do not need to transcribe your child's birth certificate to confirm this condition.

The Ombudsman emphasized that there are other ways of obtaining a PESEL and assured that he would offer the child's mother help in completing all formalities.

Mr Pawlak noted that allowing transcription of a foreign document despite the information contained in it would be a dangerous precedent.

"If today we agree to enter in the Polish marital files information that the parents are two women, then tomorrow we may be forced to accept the request to enter in the Polish files information that the wife is a 12-year-old, because this legal status applies in some far away country, " Mr Pawlak said.

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