Change of Sex by the Adoptive Parent and Its Impact on the Civil Status of the Adopted Child in View of the Fundamental Principles of the Polish Law

Abstract

This paper outlines issues connected with gender reassignment in the context of child adoption by a transgender person. In particular, it focuses on the questions of the civil status (and its registration) of the child adopted by such a person. What is striking in Polish law is the lack of a law that comprehensively regulates this issue. This situation is unfavourable as it results in the emergence of various theoretical doubts and inconsistent practice by the judiciary. This applies especially to the basic principle of Polish law, according to which only a woman can be the mother, while only a man can be the father. The said principle applies to both biological and adoptive parents. Therefore, the paper proposes that the Polish legislature pass a law on gender reassignment to normalise, as fully as possible, these issues. It should include provisions concerning, among other things, the permissibility of gender reassignment of a married person and adoption by such a person, as well as the possibility of adoption of a child by a single person who has changed sex. The law should also regulate issues relating to the gender change of the adopter and its impact on the civil status of the adopted child.