Polish government approves recognition of foreign same-sex marriages
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Notes from Poland is run by a small editorial team and is published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.
Poland’s government has issued a regulation allowing same-sex marriages conducted in other EU member states to be entered into the Polish civil registry.
The decision, which comes in response to a European court ruling requiring Poland to recognise such marriages, marks a major change in a country that still does not allow any form of same-sex union to be concluded under domestic law.
Wlasnie podpisałem rozporządzenie ws transkrypcji małżeństw zawartych za granicą. Dziękuję @KGawkowski za współpracę. Tak jak obiecaliśmy rozporządzenie wchodzi w życie. Wyroki sądów zawsze będą wykonywane.
— Marcin Kierwiński (@MKierwinski) May 22, 2026
Up until now, Poland’s civil registry has only allowed male-female marriages to be entered. However, that will change under a government regulation signed into force by interior minister Marcin Kierwiński and digital affairs minister Krzysztof Gawkowski.
Instead of two separate sections titled “man” and “woman”, each will now be labelled “man/woman”, meaning the system can recognise both opposite-sex and same-sex marriages, reports broadcaster TVN.
“Thanks to this change, every civil registry office in Poland will be able to transcribe same-sex marriages concluded abroad,” wrote Gawkowski on social media. “The state will treat all citizens with dignity and respect…History is unfolding before our eyes.”
Transkrypcja małżeństw jednopłciowych w całym kraju staje się faktem!
Wspólnie z @MKierwinski podpisaliśmy rozporządzenie wprowadzające nowe wzory aktu małżeństwa. Historia dzieje się na naszych oczach. Dzięki tej zmianie w każdym Urzędzie Stanu Cywilnego w Polsce możliwa będzie…
— Krzysztof Gawkowski (@KGawkowski) May 22, 2026
Until this year, same-sex couples who married abroad and have tried to have their marriage certificates transcribed into the Polish system have had their efforts rejected by registry offices and courts, which often pointed to article 18 of Poland’s constitution.
That states that: “Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.”
However, following a long-running legal battle by one couple, last November the Court of Justice of the European Union (CJEU) ruled that Poland must recognise same-sex marriages conducted in other EU member states.
That in turn led Poland’s Supreme Administrative Court (NSA) to issue an order, in March this year, for Warsaw’s registry office to transcribe the marriage certificate of the couple who took their case to the CJEU.
However, before this month, it remained unclear how the Polish government would implement the CJEU and NSA rulings. Reports suggested disagreement between more liberal and conservative elements within Prime Minister Donald Tusk’s broad ruling coalition over what action to take.
However, the government sprang into action last week after Tusk issued a public apology to same-sex couples for the “years of rejection and humiliation” they have experienced due to Poland not legally recognising their relationships and ordered his ministers to move forward with the necessary changes.
Meanwhile, even before today’s government regulation was issued, two Polish cities, Warsaw and then Wrocław, began entering same-sex marriages into their registries. They simply listed one spouse in the “man” section and the other as a “woman”, even though that was not accurate for one of the spouses.
Wrocław has become the second Polish city to recognise a same-sex marriage conducted abroad, following the example of Warsaw, which last week began transcribing such marriages into its civil registry in line with European and Polish court orders https://t.co/sE8rqbPdFy
— Notes from Poland 🇵🇱 (@notesfrompoland) May 18, 2026
There remains uncertainty about what legal consequences the transcription of foreign same-sex marriages into the Polish system will have in practice, especially given that Poland’s domestic law does not allow for any legally recognised form of same-sex union.
Kierwiński has previously said that transcription “does not mean that marriages concluded abroad will have each and every right” available to other married couples. Legal experts say it will take time – and potential further court rulings – for norms to be established.
Separately, the government last year approved a proposed law allowing same-sex couples to receive certain rights normally granted to married couples. However, the bill has not yet been voted on by parliament and, even if it is approved, faces a likely veto from conservative, opposition-aligned President Karol Nawrocki.
This week, far-right opposition group Confederation (Konfederacja) submitted a bill to parliament that would ban same-sex couples from adopting children. It says the move was prompted by concern that the recognition of same-sex marriages could lead to such couples being allowed to adopt.
The far-right Confederation group has proposed a law banning adoption by same-sex couples, including the adoption of a spouse’s child, saying it will “protect the youngest from depravity”.
It comes after Poland began recognising foreign same-sex marriages https://t.co/ztdzkqmiT6
— Notes from Poland 🇵🇱 (@notesfrompoland) May 21, 2026
Notes from Poland is run by a small editorial team and published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.
Main image credit: Alina Skazka/Pexels
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