Press Releases

Groundbreaking Court Decision in Poland on Gender Recognition Abroad


On June 1, a court in Warsaw issued a decision that allows a Polish citizen, who transitioned legally in Germany, to change her personal data (gender marker and first as well as last name) without obtaining a transsexual diagnosis and going through a civil court case in Poland.

 
Trans-Fuzja's representatives and allies during this year's Warsaw Equality Parade, June 11

L.T. contacted Trans-Fuzja in 2015 after the registry office in her hometown refused to ammend her birth certificate and expressed doubt about the legitimacy of having to conform to a sentence issued by a German district court, which stated that L.T. was a woman.

Trans-Fuzja Foundation joined the proceeding to monitor the case and to be able to inform the court on the current situation of transgender people in Poland. Trans-Fuzja's legal team helped the claimant to prepare necessary documents as well as case argumentation.

After examining the case, the regional court in Warsaw issued a decision that there was no ground to dismiss the claimant's application for name and gender marker change based on a sentence of a German regional court. Due to her citizenship, placement of birth certificate and the fact the she was denied the right to have her birth certificate amended, the claimant had a legal interest to demand whether a decision of a German court could be recognized in Poland. It was then confirmed that a decision issued abroad was enough to amend the claimant's Polish birth certificate.

“This is a breakthrough for those Polish citizens, who transitioned legally in countries of the European Union where gender recognition procedures also require a court decision” says Paulina Pilch, a lawyer working in Trans-Fuzja. “Up until now, everyone who wanted to amend their birth certificate had to undergo medical evaluation, sue their parents and have an expert witness examine them, which would mean going through a standard gender recognition procedure, even if they transitioned in another country years before that. This is a chance for many trans people who are Polish citizens and who decided to live and transition abroad, and need to have this fact confirmed in their country of origin.”

“Ever since we started working on trans rights, we have had different cases of people who decided to legally transition abroad” adds Wiktor Dynarski, Trans-Fuzja's president “Each and every one of them had to visit a sexologist, psychologists, psychiatrist and go through different type of examinations, which are part of standard transsexual diagnosis in Poland, even when they were living in accordance with their gender identity for months or even years. It's fantastic that at least for some Polish migrants gender recognition may now become easier.”

Trans-Fuzja Foundation can be reached for comments at wiktor.dynarski@transfuzja.org, +48 22 658 18 02 (office) and +48 609 585 095 (mobile).
edpublicated: 2016.06.21

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