New draft law on civil unions: Key provisions unveiled
The Minister for Equality, Katarzyna Kotula, has unveiled the details of the draft Registered Partnerships Act. What provisions does the proposed legislation include?
On 18 October, the draft Registered Partnerships Act was published on the Government Legislation Centreās website. Poland is required to address the legal status of same-sex unions following a December 2023 ruling by the European Court of Human Rights. Although the ruling coalition committed to introducing civil partnerships, drafting the bill took considerable time.
Related
- Marek Sawickiās comment on civil unions sparks controversy
- Cardinal Nycz on civil partnerships: "Church not to interfere"
- Fear of civil unions in Poland: "A threat to family values and marriages"
- Donald Tusk on civil partnerships: "End of discussion, time to decide"
- Kosiniak-Kamysz refuses to vote for LGBT couplesā right to adopt children
The completion of the draft legislation was announced by Minister for Equality Katarzyna Kotula on X, where she highlighted the efforts of her ministry in preparing the proposal. Kotula wrote: "This is a new chapter in the long march towards equality, made possible by the years of work by many LGBT organisations and civil society, bringing us to this historic moment. Thank you all for your dedication and support!"
The bill has now been submitted for public and inter-ministerial consultation.
The draft law proposes that civil partnerships may be formed by couples of any sex. These unions would be formalised at the Registry Office, with partners having the option to adopt one partnerās surname, retain their original surnames, or combine both surnames.
What rights and obligations will civil partnerships entail?
Unlike in marriage, joint property will not be established automatically. However, partners will have the option to set up joint property through a notarial agreement. Once this is in place, civil partners will gain inheritance rights from each other, along with other rights and obligations associated with shared property.
Civil partners will also have limited custody rights over their partnerās child, allowing them to participate in daily care similarly to grandparents or siblings over the age of 14. However, the bill does not permit partners to adopt each otherās children, meaning they will not gain full parental rights. This provision only partially addresses the legal standing of children in rainbow families, where one parent is currently considered a legal stranger.