Poland’s Supreme Administrative Court ruling compels authorities to register same-sex marriages legally performed abroad, prompting regulatory changes.
Supreme Administrative Court Ruling Takes Effect
In late March, the Supreme Administrative Court overturned a lower administrative court’s decision and a prior refusal to register the civil status of a same-sex marriage between Polish citizens, contracted abroad. The court mandated the head of Warsaw’s civil status office to transcribe the marriage into the civil registry within 30 days of receiving the administrative files.
The court justified its ruling by stating that technical inadequacies in the civil registry’s IT system and implementing regulations – including gender-based field names – do not exempt the administrative body from executing the court’s decision.
“First Spouse” and “Second Spouse” Nomenclature
Work is underway to amend regulations concerning the templates for documents issued in the field of civil registration. The amendment proposes replacing the terms “woman” and “man” with “first spouse” and “second spouse,” thereby enabling the transcription of same-sex marriages.
Ministry of Digital Affairs Reviewing Amendments
The Ministry of Digital Affairs, responsible for the draft regulation, stated that the draft is undergoing analysis of comments received during the consultation and coordination process. The ministry emphasized that “the execution of the Supreme Administrative Court’s ruling is a separate matter from the amendment of the regulation.”
Grzegorz Bruszewski from the Ministry of Digital Affairs’ communication bureau assured that actions will be taken to enable the execution of the ruling.
Inter-Ministerial Discussions Underway
The Ministry of Interior and Administration, which oversees civil registry offices, also confirmed ongoing inter-ministerial discussions regarding potential legal solutions.
Binding Character of the Ruling
The Ministry of Interior and Administration emphasized that the ruling applies to an individual case and is binding in that specific factual context. Warsaw’s civil registry office has sought guidance from supervisory authorities – the ministry – on how to implement the ruling, requiring coordination with ministries and the voivodeship office, as well as changes to the civil registry system.
Vice President of Warsaw, Aldona Machnowska-Góra, explained that the current system cannot accommodate two PESEL numbers for individuals of the same sex. The Warsaw USC needs instructions on how to execute the court’s ruling.
EU Law Mandates Recognition
The March ruling concerned the marriage of two Polish citizens legally contracted in Berlin in 2018. The couple decided to relocate to Poland and sought to have their marriage recognized in Poland by applying for transcription of the German marriage certificate into the Polish civil registry. Their request was denied, citing Polish law’s prohibition of same-sex marriage.
In 2023, the Supreme Administrative Court referred a preliminary question to the Court of Justice of the European Union. Two years later – in November 2025 – the Court ruled that an EU member state is obligated to recognize a same-sex marriage legally contracted in another EU country, even if its own law does not recognize such unions. Following the CJEU’s response, the case returned to the Supreme Administrative Court.
