Poland must recognize same-sex marriages. The Ministry of Digitization changes documents

Changes to the templates of civil status certificates will enable the transcription of foreign same-sex marriages, announced the Ministry of Digitization. This is the implementation of the CJEU judgment and the adaptation of the administration to EU law.

Poland is preparing changes to civil status documents in connection with the judgment of the Court of Justice of the European Union, which obliges Member States to recognize same-sex marriages legally concluded in other EU countries. The draft regulation amending the templates of civil registration documents has been submitted to the government.

As the Ministry of Digitization informed in a statement sent to PAP, the planned changes are intended to enable the practical implementation of the CJEU judgment of November 25, 2025 and the adaptation of Polish registers to the requirements of EU law. This includes: o the possibility of transcribing foreign same-sex marriage certificates and the technical preparation of administrative systems.

Deputy Prime Minister and Minister of Digitization Krzysztof Gawkowski emphasized thatthat the government's actions result from a legal obligation, and not from a change in the definition of marriage in Polish law.

“Poland has an obligation to recognize same-sex marriages concluded legally in other EU countries. This is a law that we must and want to apply – the CJEU judgment is clear,” Gawkowski wrote on the X platform.

He added that the signed documents begin the process of changing the templates of civil status records so that the state acts “efficiently and equally towards all citizens.” “It is the right of citizens to equal treatment, regardless of sexual orientation. It is a matter of dignity, but also the life stability of families that already exist,” said the Deputy Prime Minister.

In the opinion of the Ministry of Digital Affairs, the refusal to enter such marriages in the Polish civil status register violates EU law, including the principle of equal treatment and freedom of movement and settlement of EU citizens.

At the same time, the CJEU pointed out that Member States are not obliged to introduce same-sex marriages into national law, but cannot refuse to recognize unions legally concluded in another EU country.

“From the perspective of a civil state and pro-social policy, we act quickly, objectively and with respect for the law. The CJEU judgment is not a matter of ideology, it is a legal obligation that Poland must comply with,” Krzysztof Gawkowski pointed out.

After the verdict was announced, the Minister of Digital Affairs ordered the preparation of a legal and technical analysis, which indicated the scope of necessary changes. The currently applicable document templates use the terms “woman” and “man”, which makes it impossible to correctly enter same-sex marriages.

The draft regulation assumes the introduction of gender-neutral terms such as “first spouse” and “second spouse”, updating the fields regarding parents' data and adapting the entries regarding the names of spouses in documents and certificates. The changes are intended to ensure compliance with the Act on Civil Status Records and EU standards, including Regulation 2016/1191.

The ministry emphasized that adapting documents and administrative systems will allow citizens to be treated equally and will facilitate the exercise of rights related to marriage – including: in the field of benefits, insurance and taxes – and will simplify official procedures.

The issue of transcription of foreign same-sex marriages also remains the subject of proceedings before administrative courts. On Thursday, the Provincial Administrative Court in Lublin postponed the consideration of the complaint of two women who were refused a transcription of their wedding certificate concluded in Portugal. The proceedings are to be resumed after a similar case is resolved by the Supreme Administrative Court, the hearing of which is scheduled for March 20.

As the presiding judge, Jerzy Drwal, explained, the court accepted the request of the applicants' attorney due to the “important nature of the legal issues” and the expected decision of the Supreme Administrative Court. The complaint concerns the decision of the head of the Civil Registry Office in Lublin from October 2023, subsequently upheld by the Lublin Voivode, refusing to enter the marriage certificate in the Polish civil status register.

The proceedings before the Provincial Administrative Court were previously suspended until the case was resolved by the Court of Justice of the EU. In a judgment of November 25, 2025, the CJEU ruled that EU Member States have an obligation to recognize same-sex marriages legally concluded in another EU country, even if national law does not provide for such unions. After the judgment, the Ministry of the Interior and Administration indicated that it concerned the technical issue of document transcription, and not a change in the definition of marriage in Polish law, announcing legal analyzes and recommendations for registry offices. (PAP)

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