Lesbian couple files against Poland in daughter's birth certificate wrangle
PR dla Zagranicy
A British woman and a Polish woman who are the legal parents of a child in the UK have filed a complaint with the European Court of Human Rights in Strasbourg after Poland declined to approve a birth certificate for the girl.
Maria M. was born in the UK in 2011, and in the corresponding birth certificate, local authorities described Briton Katherine M. as the mother and Pole Zofia M. as a 'parent.'
However, when the couple tried to have the certificate replicated in Łódź, Poland, the request was declined.
Polish authorities clarified that Poland does not recognise civil partnerships at present, and that as such the birth certificate could not be granted.
The two women appealed unsuccessfully to both the Regional Administrative Court in Łódź, and Poland's Supreme Administrative Court.
Dr Dorota Pudzianowska of the Helsinki Foundation for Human Rights, representing the couple, argues that Poland has violated Article 14 of the European Convention on Human Rights, which concerns the prohibition on discrimination.
Pudzianowska has likewise noted that the refusal of the birth certificate by Polish authorities could preclude the child from being granted Polish citizenship, a right that is held by children with at least one Polish parent.
She also said that owing to the lack of a birth certificate, other rights could be affected, such as the ability to inherit.
Former prime minister Donald Tusk tried to pass legislation on civil partnerships in 2013.However, the move proved divisive in Tusk's Civic Platform party, while chief conservative opposition party Law and Justice flatly opposed the legislation. The Democratic Left Alliance tried once again to bring a draft billll to parliament in May 2015, but with no success. (nh)