Poland begins transcribing foreign same-sex marriage certificates under new civil registry rules

On 23 August 2026, a regulation issued by Deputy Prime Minister and Minister of Digital Affairs Krzysztof Gawkowski took effect across Poland. The regulation, originally issued on 22 May 2026, updates document templates used for civil status registration. Under the modified system, civil registry offices across the country can process and transcribe foreign marriage certificates for same-sex couples. The new templates replace the rigid fields previously designated strictly as "woman's data" and "man's data".

The reform introduces three separate document variants depending on the spouses involved: a woman and a man, two women, or two men. Officials adapted Poland's electronic civil registration software to accommodate these formats ahead of the deadline, which arrived three months after the regulation's initial publication. Gawkowski stated on social media that the forms were distributed to registry offices nationwide.

New marriage certificate templates will enable the transcription of foreign same-sex marriage certificates with full respect for couples. This ends the administrative fiction and uncertainty that Polish families faced for years. This is the end of temporarily entering women as men or men as women in certificates.

Judicial origins and European court rulings

The administrative change followed legal rulings at both domestic and European levels. The Court of Justice of the European Union previously held that European Union member states must transcribe foreign civil documents to guarantee free movement rights. Following this jurisprudence, Poland's Supreme Administrative Court examined cases concerning three same-sex couples and ruled in favor of transcribing their foreign marriage certificates into Polish civil records.

These rulings left administrative officials with the obligation to implement procedures for recording such unions. The Ministry of Digital Affairs subsequently drafted the updated document specifications to allow registrar staff to select gender entries without mismatching personal data against established form categories.

Constitutional dispute and political opposition

Parliamentary opposition deputies challenged the regulation by referring it to the Constitutional Tribunal. On 26 July 2026, the Constitutional Tribunal, with a judicial panel that included its president Bogdan Święczkowski, issued a unanimous ruling declaring the ministerial regulation unconstitutional. Opponents maintained that altering administrative templates circumvents statutory definitions of marriage.

Law and Justice deputy and prime minister candidate Przemysław Czarnek publicly criticized the ministry's decision to proceed with implementing the forms despite the July ruling. Czarnek asserted that executive decrees cannot alter constitutional principles and also criticized the ministry over separate incidents involving leaked medical data affecting 19 million citizens.

The rule of law does not work on the principle: Constitution? Never mind, we will change the form template. First, an attempt to introduce through the back door the legal effects of same-sex marriages, which Polish law does not provide for, is illegal. The Polish Constitution clearly protects marriage as a union of a woman and a man.

Administrative rollout and legal status

Despite the dispute between the executive branch and the Constitutional Tribunal, the ministry confirmed that civil registry offices are equipped to accept foreign certificates starting 23 August 2026. The technical updates allow registrars to issue formal transcript copies reflecting both partners accurately.

Gawkowski described the policy as an administrative guarantee of dignity and equality before state institutions. The Ministry of Digital Affairs maintained that the changes address long-standing clerical barriers without altering underlying substantive family statutes established in the civil code.