Recognition of same-sex unions in Poland

Poland does not legally recognize same-sex marriages or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights with regard to the tenancy of a shared household. A few laws also guarantee certain limited rights to cohabiting couples, including same-sex couples. Same-sex spouses of European Union citizens also have access to residency rights under a June 2018 ruling from the European Court of Justice.

Article 18 of the Polish Constitution, adopted in 1997, was frequently interpreted as banning same-sex marriage, but a 2022 court ruling states that it does not preclude its recognition. In December 2023, the European Court of Human Rights ruled in Przybyszewska and Others v. Poland that Poland was violating Article 8 of the European Convention on Human Rights by not recognizing same-sex unions, and placed a positive obligation on the government to introduce a same-sex partnership law and recognise unions legally contracted abroad. A bill creating civil unions was introduced to the Parliament of Poland in October 2024. Polling suggests that a majority of Polish people support the legal recognition of registered partnerships and same-sex marriage.

[kon-1] 1 2 Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[2] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[3] Neither performed nor recognized in six British Overseas Territories.

[usa-4] 1 2 Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.

[israel-5] Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-6] 1 2 3 4 The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.

[7] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[8] Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.

[9] Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[10] Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[11] Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.

[12] Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.

[13] Romania provides hospital visitation rights through a "legal representative" status.