More and more often we talk about Poland as a country of progress, an increasingly better economy and importance in the European Union. At the same time, there are areas that we cannot boast of and even which - if compared to other EU countries - should be a cause for shame. An example of years of neglect and political beliefs is the ranking Rainbow Map 2026 produced by ILGA-Europe. According to him, Poland ranks 39th out of 49 European countries, obtaining 22% of possible points. Among EU countries, it is third worst result And behind Poland there are only Bulgaria and Romania.
Although the media has been focusing for several weeks on the debate around the transcription of same-sex marriages concluded with foreigners, the history of the lack of fundamental rights for the entire LGBTQ+ community is longer and its consequences more serious than we think. However, let's return to the most frequently discussed issue of partnerships, marriage, because although the topic has been circulating in politics for years, it has only been less than a month since politicians have faced much nicer decisions than flipping promises at election spots. Transcripts of same-sex marriages: what will Poland do?
The recognition of same-sex marriages concluded abroad is crucial for the equality of citizens, who today cannot legally enter into marriage or even a civil partnership in Poland. However, in recent years, the issue of transcription of foreign acts of marriage of same-sex couples has acquired a new meaning. This was due to the decisions of the Court of Justice of the European Union concerning the refusal by some Member States (including Poland and Romania) to recognise same-sex marriages legally concluded in other EU countries. The CJEU pointed out that the lack of recognition of such marriages limits same-sex couples the fundamental rights of membership of the European Union, including freedom of movement, the right to family life and the possibility of normal family functioning once they return to their country of origin. Under the influence of these rulings, the legal situation in Poland also began to change. In 2026, the Supreme Administrative Court issued a series of landmark judgments ordering the transcription of foreign same-sex marriages into Polish civil registers. This represents a significant change in the existing line of jurisprudence, according to which such applications were most often rejected. This is especially important because the NSA sets the direction of interpretation of the law for administrative courts across the country.
However, this does not mean the introduction of marriage equality in Poland. The courts have confirmed the possibility of entering a foreign same-sex marriage in the Polish register, while leaving open the question of full recognition of the legal effects of such a union. It is worth remembering that Poland does not function in a system of precedent law, such as the United States. The judgments of the courts do not create the law directly. However, this does not mean that they remain meaningless. A series of favorable NSA rulings have not changed the existing laws, but it increasingly shows that the current state of law is becoming difficult to defend both in the courts and in the day-to-day functioning of the state.
Transcription a solution to same-sex couples problems? Not necessarily
Although the ability to transcribe marriages concluded by same-sex couples abroad can be a significant facilitation, it is difficult to consider it as a comprehensive solution to the problems faced by LGBTQ+ people in Poland. This applies to both the couples themselves and the public administration and the legal system.
First of all, transcription does not mean automatic granting of all rights and obligations that arise from the marriage of a heterosexual couple in Poland. Questions remain open regarding, among others, joint tax settlement, social security benefits, access to medical information, inheritance, benefits or entitlements related to family life. The entry in the register itself does not decide what legal consequences such a marriage will have in the Polish legal order.
As noted by Prof. Andrzej Wróbel, former judge of the Supreme Court and the Constitutional Tribunal:
In its reasoning, the Court did not refer directly to the question whether the transcription by the Polish authorities of a marriage certificate legally concluded in another EU Member State is tantamount to conferring on those unions the rights which, in the Polish legal order, are enjoyed by marriage as a union of a man and a woman.
Additional doubts are raised by the fact that the new legislation provides for a three-month vacatio legis. It is justified in order to adapt the registration systems, forms and administrative procedures to the new rules on transcription. This shows that the state must create a whole mechanism for servicing foreign same-sex marriages, while not deciding unequivocally what legal status such unions should have in Poland.
This raises a question that increasingly arises both in the public debate and among lawyers: since the administration is preparing new procedures, adjusting registers and analyzing the legal effects of transcription, why does the legislator still not decide to regulate the situation of same-sex couples in a comprehensive way? Instead of a simple and transparent solution, Poland creates further exceptions and indirect mechanisms that do not eliminate legal uncertainty. Transcription may therefore prove to be an important step forward, but it can hardly be considered the end of the discussion. On the contrary, it shows how many questions about the rights, obligations and status of same-sex families remain unanswered.
Sources:
4.https://www.amnesty.org.pl/stanowisko-transkrypcja-aktow-malzenstw-jednoplciowych/
5.https://oko.press/rzad-i-warszawa-przerzucaja-sie-ws-transkrypcji-malzenstw-jednoplciowych-2
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