Poland’s Supreme Administrative Court ruled Friday to recognize a same-sex marriage legally performed in Germany, but officials claim current systems cannot register such unions.
Court Ruling Mandates Marriage Recognition
The Friday ruling by the Supreme Administrative Court concerned the marriage of two Polish citizens legally concluded in Berlin in 2018. The couple sought to have their marriage recognized in Poland, applying for transcription of the German marriage certificate into the Polish civil registry.
Their request was initially denied under Polish law, which does not permit same-sex marriage. In 2023, the NSA referred a preliminary question to the Court of Justice of the European Union (CJEU).
Two years later, in November 2025, the CJEU ruled that member states are obligated to recognize same-sex marriages legally performed in another EU country, even if their own national law does not recognize such unions. The case returned to the NSA following the CJEU’s response.
Supreme Court Overturns Lower Ruling
On Friday, the Supreme Administrative Court overturned the ruling of the Warsaw administrative court and the earlier decision denying the registration of the marriage certificate. It also ordered the head of the Warsaw civil registry office to transfer the certificate to the Polish registry.
Officials Claim Lack of Technical Capacity
Officials stated they lack the technical capacity to implement the ruling. “The currently functioning State Registers System is not equipped with functionalities allowing for the registration of same-sex marriages, and necessary systemic solutions must be adopted at the central level,” said Monika Beuth, spokesperson for the Warsaw city hall, to the Polish Press Agency.
She added that the Warsaw Civil Registry Office will immediately begin registering foreign same-sex unions once changes are made to the law and technology.
Systemic IT Issues Identified
Alina Szeptycka, plenipotentiary of the Wrocław president for equal treatment, also told PAP that there are no technical possibilities for transcribing foreign marriage certificates of same-sex couples. “It cannot be done automatically. There is, one might say, a technical problem in the IT system. Where there is a PESEL number and, for example, a woman and a woman, the system blocks the entry of such data,” she explained.
She noted that this requires a regulation from the Minister of Interior and Administration.
Other Cities Report Similar Obstacles
Justyna Góźdź, spokesperson for the Lublin city hall, also informed that the office is awaiting a formal and technical solution from the ministry to enable the transcription of marriage certificates.
Previous Cases and Pending Appeals
To date, the Civil Registry Office in Lublin has received two applications for the transcription of same-sex marriage certificates. In the first case, from 2018, the head of the USC refused transcription. The Voivodeship Administrative Court in Lublin dismissed the applicants’ appeals in 2020, and the NSA three years later. The second application was received by the USC in 2023 and again met with a refusal. The applicants’ appeal is currently being considered by the WSA.
Government Working on Amendments
The Ministry of Digital Affairs has prepared a draft regulation regarding the patterns of documents issued in the scope of civil registration. “Inter-ministerial work is underway, and I am determined to ensure that the regulation comes into force,” said Deputy Prime Minister and Minister of Digital Affairs Krzysztof Gawkowski on Friday in an interview with Gazeta.pl.
The amendment still requires the approval of the Ministry of Interior and Administration. According to unofficial reports from Gazeta.pl journalist Marta Rawicz, several ministries, including the MSWiA, have submitted comments to the draft regulation.
