Following a new administrative regulation on marriage certificates, the Polish People’s Party (PSL) is now weighing a legislative proposal to explicitly ban same-sex couples from adopting children in Poland.
Legal Shifts and Government Regulations
The Court of Justice of the European Union recently ruled that member states must recognize same-sex marriages legally concluded in other EU countries. In response, Minister of Digital Affairs Krzysztof Gawkowski and Minister of Interior and Administration Marcin Kierwiński signed a regulation last week defining new marriage certificate forms, which will allow Civil Registry Offices to transcribe foreign documents.
On May 12, Prime Minister Donald Tusk stated that the regulation would not open the door to adoption by same-sex couples. Despite this, the Konfederation party demanded a statutory ban and subsequently submitted a draft bill to the Sejm.
Proposed Legislative Restrictions
The Konfederation proposal seeks to amend the Family and Guardianship Code to prohibit adoption by persons in a same-sex marriage or a registered union providing legal effects similar to marriage. The bill also explicitly covers the adoption of a spouse’s child.
On May 19, LGBT activist Bart Staszewski criticized the proposal on X, arguing that creating laws that discriminate based on sexual orientation or other identity markers is unconstitutional.
PSL Debates a Potential Ban
Reports emerged this week from TVN24 journalist Patryk Michalski that the Polish People’s Party (PSL) is considering a similar legislative move to that of Konfederation. PSL parliamentary club members are expected to discuss the feasibility of such a bill.
Minister of Climate and Environment Miłosz Motyka confirmed that the proposal is being reviewed by the party. He stated that the idea is not excluded and is worth discussing, citing a desire to “order” the legal landscape surrounding the issue.