The practical implementation of the provisions concerning acquisition of nationality at birth by
children of parents who are “unknown” is also sometimes problematic. Two cases have come to the
attention of the Helsinki Foundation for Human Rights (HFHR) in which the mother abandoned a
new born child in a hospital after giving her name and place of birth to the hospital personnel.109
In this case, the mother was not considered “unknown” by the public officials in later proceedings
to confirm Polish nationality, even though the information within the hospital documentation
was not verified on the basis of any official document given by the mother. It is noteworthy that
administrative personnel in hospitals insist on recording the identity of mothers upon admission to
the hospital since it is necessary in order to receive a refund of services from the National Health
Fund. Therefore, even unverified data is, at times, included in documentation, which later results in
problems for stateless children attempting to obtain Polish nationality.
4.3.1.2 CHILDREN BORN OUTSIDE THE POLISH TERRITORY
Even though under the Act on Polish Citizenship, nationality at birth is acquired ex lege, meaning
that registration is not a condition for a child to acquire Polish nationality at birth, in practice,
registration in Poland (or transcription of the birth certificate) is sometimes required to obtain a
passport or a Polish Identity Document at the Polish Embassy. It follows that in order for a child to
practically avail him or herself of nationality documents, registration in Poland is required in some
cases.
Recent cases of children raised by homosexual couples abroad, of which at least one of the
partners is Polish, shows that obtaining a passport can be problematic. Poland does not regulate
homosexual partnerships. Nevertheless, Polish citizens enter into such unions abroad and children
are also sometimes raised by such couples. One example is a couple of two women (one is a Polish
national) living in the UK who have been raising a child together and who are both included in the
British birth certificate as parents. When they asked the Polish Embassy in London for a temporary
passport for their child, this was refused. They were told that the birth certificate lists two women
as parents, which is not allowed under Polish law. Officials at the Embassy told the couple that the
Polish Constitution allows only for a woman and a man to be parents. The two women requested a
written refusal. The justification they received stated only that they have to make a transcription of
their British birth certificate in Poland. The case concerning this problem is now pending before the
European Court of Human Rights110.
42
109
See Marysia’s story below.
110
Application no. 30806/15, A.D.-K. and Others v. Poland
MAPPING STATELESSNESS IN POLAND