Landmark Supreme Administrative Court (NSA) Ruling: Obligation to Transcribe Foreign Same-Sex Marriage Certificates

The Supreme Administrative Court has ruled that Polish civil registry offices are obliged to transcribe same-sex marriage certificates concluded abroad. This ruling, based on European Union law, forces a revision of the current practice of courts and registry offices and the implementation of new technical solutions by the state administration.

Landmark Ruling of the Supreme Administrative Court

In its judgment of March 20, 2026 (case ref. II OSK 216/21), the Supreme Administrative Court ultimately obliged the Civil Registry Office in Warsaw to issue a transcription of the marriage certificate of two men within 30 days of the return of the administrative files by the court. The NSA thereby overturned an earlier, unfavorable judgment of the Provincial Administrative Court (WSA) and directly cited the ruling of the Court of Justice of the European Union from November 25, 2025 (C-713/23).

The court pointed out that although the regulation of the institution of marriage falls within the exclusive competence of member states, refusal to recognize a relationship concluded in another EU country constitutes an unacceptable restriction of the right to free movement and respect for family life. The court unequivocally ruled that Article 18 of the Constitution of the Republic of Poland does not constitute an absolute obstacle to transcription, and entering a foreign act does not threaten the basic principles of the Polish legal order or national identity.

Challenges and Next Steps for Registry Offices and the Ministry

The NSA’s decision poses serious practical challenges for civil registry offices. Representatives of local governments have pointed out that the current legal status and technical limitations of IT systems make it impossible to enter such documents, indicating, among other things, the problem of the “woman” field, into which a man’s data would have to be entered.

In connection with this, the offices have been waiting for top-down decisions from the government. The Ministry of the Internal Affairs and Administration previously explained that in light of the CJEU ruling, transcription is merely a “technical issue” which is not synonymous with recognizing the relationship as a marriage within the meaning of Polish law.

However, the NSA cut short the offices’ excuses, firmly emphasizing that technical difficulties related to the functioning of IT systems cannot constitute a basis for refusing to perform a transcription. In the near future, registry offices and the ministry will be forced to urgently adapt forms and registration systems to enable the implementation of the judgment without undue delay.

Impact of the Ruling on Future Case Law

For administrative courts, this judgment means the necessity of a radical change in the line of jurisprudence. The judge rapporteur,explicitly noted that the current interpretation of the public policy clause, which commonly constituted the basis for refusing transcription, requires revision.

Previously, courts, including the Provincial Administrative Court, massively dismissed citizens’ complaints, claiming that transcription would introduce into the Polish legal order an independent document confirming a same-sex marriage, which is not provided for by the Constitution of the Republic of Poland.

The NSA overturned this argumentation, pointing out that alternative solutions (such as using a foreign document or making additional mentions) do not provide citizens with effective legal protection in light of European Union law. Lower instance courts will now be obliged to respect this interpretation, recognizing transcription as the only effective way of recognizing a foreign marriage.

How the NSA ruling reshapes administrative practice and case law?

The Supreme Administrative Court, relying on the 2025 judgment of the Court of Justice of the EU, has finally determined that Polish civil registry offices must transcribe foreign marriage certificates of same-sex couples. The court found that the refusal to register such a certificate constitutes an unacceptable restriction on the rights of European Union citizens to free movement and respect for family life.

The landmark ruling overthrows the existing argumentation of administration bodies and lower instance courts – the NSA explicitly indicated that neither Article 18 of the Constitution of the Republic of Poland nor alleged technical problems with IT systems can constitute an obstacle to recognizing such a relationship. 

As a result, the Ministry of the Internal Affairs and Administration and local government offices are forced to urgently adapt their procedures, while administrative courts must revise their current line of jurisprudence, which has massively rejected such applications on the basis of the public policy clause.

How does the NSA ruling affect your legal situation?

To assess how the NSA ruling may impact your situation- particularly with regard to civil status registration and the exercise of EU law rights– it is essential to analyse your specific circumstances and available legal options.

Our team supports clients in interpreting current case law and representing them before administrative authorities and courts. Feel free to contact us.