Polish court rules foreign same-sex marriages must be recognised
Same-sex marriages performed in the EU must be recognised in Poland (Getty Images)
On 20 March, Poland’s top administrative court (NSA) ruled that public authorities in the country must recognise same-sex marriages performed in the EU by entering them in Poland’s civil registry.
In Poland, same-sex marriage is not allowed under domestic law. A 2012 ruling by the Supreme Court gave same-sex couples limited legal rights with regard to the tenancy of a shared household. A few laws also guarantee certain limited rights to same-sex couples, notably the right to refuse to testify against the partner and some social benefits.
In November 2025, the European Court of Justice declared that EU member states are obliged to recognise a union between two EU citizens which has “lawfully concluded in another member state” and where the couple in question have “exercised their freedom to move and reside”.
READ MORE: Poland abolishes last remaining ‘LGBT-free’ zone in the country
Refusal to recognise same-sex unions conducted in the EU is, the court has said, contrary to EU law and infringes on EU citizens’ freedom to move and reside as well as their rights to respect for private and family life.
This ruling was in regard to two Polish men who married in Berlin in 2018. They had previously been denied legal recognition in Poland.
The NSA’s new ruling overturned previous decisions by a Warsaw administrative court and civil registry officials, ordering that the marriage be entered into the national register within 30 days.
The Left Party’s deputy PM and minister for digital affairs Krzysztof Gawkowski called the ruling a “landmark decision” that meant “rainbow families are equal before the law” in a 20 March post to his X account.
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