ECHR Rules Against Poland Over Birth Certificate Refusal for Same-Sex Couple’s Child

The European Court of Human Rights has ruled that Poland violated a child’s rights by refusing to register a birth certificate issued abroad to a same-sex couple, ordering 5,000 euros in compensation.

The ECHR ruling on birth registration

The European Court of Human Rights (ECHR) issued verdicts on Thursday in two cases concerning Poland’s refusal to recognize foreign birth certificates of children raised by same-sex couples. In one case, the complaint was dismissed, while in the second, the Court found a violation of the child’s rights and awarded 5,000 euros in damages.

Background of the first case

The first case involved a Polish citizen, identified as A.P., who resides in the United Kingdom with her partner, E.K., also a Pole. In 2014, A.P. gave birth to R.P. The British birth certificate listed A.P. as the mother and E.K. as the partner.

The couple requested that Poland issue a document with the same details, but the Civil Registry Office in Myszków refused in August 2015. The decision stated that the Polish legal system does not allow for a document listing two women as parents. The case reached the Supreme Administrative Court, which upheld the registry’s decision, leading the couple to file a complaint with the ECHR in December 2018.

Violations of child rights

The ECHR noted that authorities failed to sufficiently consider the best interests of the Polish child by refusing to recognize the legal parent-child relationship established abroad. The Court concluded that Poland violated the right to respect for private life under Article 8 of the European Convention on Human Rights, and consequently Article 14, which prohibits discrimination.

The Court observed that the Polish office’s decision affected the child’s identity, as the child identifies as Polish and speaks the language as their first. The refusal to register the certificate prevented R.P. from obtaining Polish identification documents and created legal uncertainty. However, the seven-judge panel found no violation regarding the mother’s privacy or the family’s right to respect for family life.

Dismissal of the second complaint

In a second, similar case examined on Thursday, the biological mother was a UK citizen and her partner a Polish citizen. The Polish office had refused to register the child based on British documents.

The Court dismissed this case, noting that no documents were submitted to confirm the child’s Polish citizenship. Furthermore, the family resides permanently in the UK, where the parent-child relationship is legally recognized, and there was no indication of an intent to relocate to Poland.