‘Listening to the Winds’ of Europeanisation?<subtitle>The Example of Cross-Border Recognition of Same-Sex Family Relationships in Poland</subtitle>

Abstract

The uneven speed of family law developments results in the phenomenon of ‘limping family relationships’, which are family relationships legally recognised in one State but not in another. One example of this would be that of a same-sex couple who had validly married in a State with gender-neutral marriage laws. If the couple then moves temporarily or permanently to Poland, will their marriage be recognised, considering the latest landmark decisions of the supranational European courts on cross-border recognition of same-sex formalised relationships? The Private International Law Act of Poland provides that the law of nationality should apply to determine the substantial validity of a marriage. However, even if both of the spouses are nationals of a State that allows a gender-neutral marriage, the issue of incompatibility with the heteronormative concept of marriage in the Constitution of Poland arises. The paper analyses private international law in Poland and the relevant practice in light of the new European human rights standards. The findings of this paper are twofold. On the one hand, under Polish law, Polish nationals are expected not to enter into same-sex marriages, wherever they live. On the other, several developments regarding European human rights standards have softened the traditional approach to same-sex marriages and same-sex parenthood in Poland, and opened some room for cross-border recognition of family status in Poland.

Keywords

• private international law
• same-sex marriages
• same-sex parenthood
• cross-border recognition
• Poland