Monitor Prawniczy

no. 8/2022

The consequences of adoption in the context of registration of civil status in Poland

DOI: 10.32027/MOP.22.8.4
Michał Wojewoda
Autor jest Kierownikiem Zakładu Międzynarodowego Obrotu Cywilnego w Katedrze Prawa Cywilnego na Wydziale Prawa i Administracji Uniwersytetu Łódzkiego; ORCID 0000-0002-5997-8148.
Abstract

In this article the author presents and analyses fundamental problems concerning registration acts carried out at the registrar’s office as a result of adoption or its disruption (in its different forms) under the Law on vital records of 2014.Despite the fact that adoption or its disruption is in the Polish law decided by the court, the legal relationship that is established (or cancelled) as a result of judicial decisions concerning adoption may be formally evidenced solely by extracts from vital records. In particular this concerns a birth certificate, which is a sole evidence of the civil status of a natural person, among other things as regards confirming their descent from certain parents. That is why in the context of adoption the principles for making appropriate entries in civil registers are so important. In case of adoption, those entries concern no only the new specification of filiation (child’s descent), but also the related change of the surname and sometimes even the given name of the adoptee. Depending on the situation (and type of adoption) a totally new birth certificate is issued or appropriate addenda are introduced in the original certificate. In turn, after disruption, the relationship with biological parents is “revived”. What is important, also in this case the name and surname may need to be changed. Therefore, appropriate entries have to be made to the register consisting in the annulment of the previously issued birth certificate or introduction of new addenda.