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

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